LIBRARY 

OF  THE 

University  of  California.' 

GIKT  OK 

.S^^f^fr'?^^^^                   l/WS'S^v-', 

Class 

RECONSTRUCTION 
IN  NORTH  CAROLINA 


By 

J.  G.  de  ROULHAC  HAMILTON,  M.  A. 

Late  Scholar  in  Columbia  University 


Submitted  in  partial  fulfilment  of  the  requirements  for  the 

decree  of  Doctor  of  Philosophy,  in  the  Faculty  of 

Political  Science,  Columbia  University 


PRESSES  OF  EDWARDS  A  BROUGHTON 
RALEIGH,  N,   C. 


\ 


Copyright,  1906,  by        ' 
J.  G.  DE  RouLHAC  Hamilton. 


CONTENTS. 


CHAPTER  I. 
Secession  and  War  in  North  Carolina. 

PAGE. 

1.  Disunion  Sentiment  Prior  to  1860 3 

2.  The  Campaign  of  1860 11 

3.  The  Secession  Movement 14 

4.  Secession  and  War 27 

5.  War  Politics  and  the  Peace  Movement 37 

6.  Financial  and  Economic  Conditions  in  War 66 

CHAPTER  n. 
The  Beoinningb  of  Reconstruction  During  the  War. 

1.  The  Hatteras  Convention  and  Government 78 

2.  The  Administration  of  Edward  Stanly 84 

3.  The  Downfall  of  the  State  Government 90 

CHAPTER  in. 
Presidential  Reconstruction. 

1.  The  Provisional  Government 99 

2.  The  Convention  of  1865 Ill 

3.  The  Campaign  and  Election  of  1865 122 

4.  The  Return  to  Civil  Government 130 

CHAPTER  IV. 

Political  and  Social  Conditions  Under  the  Restored 
Government. 

1.  TheFreedmen  136 

2.  Conflict  of  the  Civil  and  Military  Powers 14,4 

3.  State  Politics  in  1866  156 

4.  Economic  and  Financial  Problems 176 

6.  Transportation  and  the  Mails 184 


•f  i  R922 


• 


CONTENTS. 

CHAPTER  V. 
Military  Goveenment  Under  the  Reconstruction  Acts. 


PAGE. 

f\.  The  Reconstruction  Acts .189 

\    2.  Military  Government  Under  General  Sickles ^01 

i    3.  Military  Government  Under  General  Canby  212 

V4.  State  Politics  and  Election  of  1867 218 

CHAPTER  VI. 

The  Convention  of  1868  and  its  Work. 

1.  The  Convention  of  1868 229 

2.  Constitutional  Changes 247 

3.  Politics  and  Election  of  1868 252 

4.  The  Completion  of  Reconstruction 260 


RECONSTRUCTION  IN  NORTH   CAROLINA. 


CHAPTER  I. 

Sece:ssion  and  War  in  North  Carolina. 

I.  Disunion  Sentiment  in  the  State  prior  to  iSdO- 

North  Carolina  after  November  21,  1789,  the  day  on  which 
she  adopted  the  Constitution  of  the  United  States,  was,  while 
closely  allied  by  association,  blood,  and  interest  with  the  South- 
ern States,  strongly  attached  to  the  Union.  Stirred  at  times 
by  sectional  feeling,  acting  always  in  the  interest  of  the  slave 
States,  when  the  sectional  issue  was  drawn,  the  deep  love  for 
the  Union  in  all  classes  of  the  people  prevented  any  great 
spread  of  disunion  sentiment  until  long  after  most  of  the 
Southern  States  looked  upon  secession  as  by  no  means  a  remote 
possibility. 

When  nullification  was  proposed  in  South  Carolina  it  was  re- 
pudiated utterly  in  North  Carolina.  Anti-nullification  meetings 
were  held  in  almost  every  county  in  the  State,  and  resolutions 
passed,  denouncing  nullification  and  the  tariff  in  the  same  terms, 
and  professing  attachment  to  the  Union.  In  the  General  As- 
sembly of  1830  Jonathan  Worth,  the  member  from  Randolph, 
introduced  into  the  House  resolutions  declaring  that,  while 
the  tariff  laws  were  unequal  and  unjust,  the  right  of  nullifica- 
tion was  not  recognized  by  that  body.  They  provoked  a  sharp 
debate,  but  were  adopted  by  a  large  majority.^  The  legislature 
of  1832,  by  large  majorities  in  each  house,  passed  resolutions 
proclaiming  the  unalterable  attachment  of  the  State  to  the  Fed- 
eral Union,  and  declaring  the  theory  of  nullification  subversive 
of  the  Constitution  and  tending  to  a  dissolution  of  the  Union.* 

1  House  Journal,  Dec.   31,  1830. 

2  Resolution®,  1832,  p.  1;  Journals,  Dec.  25,  1832,  and  Jan.  7,  1833. 


6  RECONSTRUCTION   IN   NORTH   CAROUNA. 

The  fact  that  slavery  was  less  profitable  here  than  in  the 
states  farther  south  may  have  accounted  in  some  measure  for 
the  absence  of  disunion  feeling.  With  North  Carolina,  as  with 
Virginia  and  Tennessee,  slavery  was  not  of  first  economic  im- 
portance. The  large  slaveholders  formed  a  comparatively  small 
part  of  her  white  population.  The  non-slaveholders,  on  the 
other  hand,  formed  a  large  class.  Moreover,  by  i860,  there 
were  in  the  State  30,000  free  negroes.^  Until  1835,  this  latter 
class  was  endowed  with  the  franchise  under  the  same  condi- 
tions as  the  white  citizens.  The  amendment  to  the  constitu- 
tion which  deprived  free  blacks  of  the  right  to  vote  passed  the 
convention  of  1835  t>y  only  a  small  majority,*  and  was  sharply 
criticised  in  that  body  and  by  the  people.  It  was  strongly  op- 
posed by  Judge  Gaston,  ex-Governor  Swain  and  other  leaders 
of  the  convention.  They  were,  however,  willing  that  certain 
qualifications  should  be  required.  But  for  the  excitement 
caused  by  the  recent  Southampton  trouble  in  Virginia,  it  is 
hardly  probable  that  the  privileges  of  the  free  negroes  would 
have  been  limited  at  all  at  that  time. 

But  the  great  bond  which  held  North  Carolina  to  the  Union 
was  the  Whig  party.  In  its  ranks  were  men  of  all  classes  and 
from  its  ranks  came  the  leaders  of  political  thought  in  the  State 
from  the  time  of  the  foundation  of  the  party.  Men  of  political 
wisdom,  of  strength,  depth  and  patriotism  guided  the  party, 
and  through  it,  controlled  the  State.  But  the  tendency  of  the 
party  was  conservative,  and  conservatism  finally  lost  its  hold 
on  the  people.  In  1850,  largely  through  the  influence  of  Wil- 
liam W.  Holden,  the  editor  of  the  Standard,  the  Democratic 
orgaii^.the  .Whig  party  was  defeated  and  a  new  class  of  men 
assurnpd  control — men  of  apparently  equal  ability,  but  of  less 
4epth,  of  equal  patriotism,  but  in  a  narrower  sense,  all  of  high 
character,  but  politicians,  in  the  main,  instead  of  statesmen. 

8  Census  of  1860. 

4  Journal  of  the  Convention  of  1835,  p.  74. 


RECONSTRUCTION   IN   NORTH   CAROI.INA.  7 

The  decisive  battle  was  fought  on  the  ever-popular  issue  of 
abolition  of  privilege.  The  Democrats  proposed  free  or  man- 
hood suffrage,  and  the  conservative  Whigs,  while  at  heart  op- 
posed to  the  change,  dared  not  show  very  active  opposition. 
Under  the  existing  constitution,  a  freehold  qualification  of 
fifty  acres  of  land  was  necessary  for  votin_g  for  State  Senators. 
This  put  power  in  the  hands  of  the  landed  class  and  was  con- 
sequently opposed  by  the  masses.  Through  its  unpopularity, 
David  S.  Reid  was  elected  governor,  on  the  issue  of  its  aboli- 
tion.    This  was  the  first  Democratic  victory  since  1834. 

The  credit  for  the  victory  may  be  given  largely  to  Mr.  ^ 
Holden.^^  He  chose  the  issue  and  directed  the  campaign.  This 
man,  at  that  time  a  power  in  the  State  and  destined  to  be  a 
prominent  figure  in  the  history  of  the  State  for  the  two  follow- 
ing decades,  was  born  in  Orange  county  in  1818.  His  early 
education  was  received  as  assistant  in  the  office  of  the  Hillsboro 
Recorder.  From  its  editor,  Dennis  Heartt,  he  derived  his 
politics  and  was  an  enthusiastic  Whig.  In  1837,  ^^^  went  to 
Raleigh,  where  he  studied  law  and  was  admitted  to  the  bar. 
He  also  became  an  associate  on  the  Star,  a  Whig  paper  edited 
by  Thomas  Loring.  His  ability  was  soon  recognized,  and  in 
1843,  through  the  influence  of  James  B.  Shepherd,  he  was 
offered  the  editorship  of  the  Standard,  a  Democratic  paper  for- 
merly edited  by  Philo  White.  He  at  once  accepted,  making  the 
first  of  his  numerous  political  changes  of  heart.  While  selfj 
interest  undoubtedly  led,  in  great  part,  to  his  change  of  partyl 
all  his  ideas  were  in  accord  with  the  doctrines  which  he  now\ 
adopted.  His  paper  speedily  became  the  most  ably  edited  in\ 
tKe  State  and  his  inifluence  grew  accordingly. 
,  He  was  an  intense  admirer  of  Calhoun  and  endorsed  his 
theories  repeatedly  and  vehemently.^     In  the  decade  from  1850 

5  A  poet  of  some  ability,  so  far  as  can  be  judged  from  his  few 
attempts  in  that  kind  of  literature;  his  best  effort  was  a  poem  written 
at  the  death  of  the  great  South  Carolinian. 


8  RECONSTRUCTION   IN   NORTH   CAROLINA. 

to  i860,  Mr.  Holden  was  the  strongest  as  well  as  the  ablest 
advocate  in  North  Carolina  of  the  right  of  secession,  being  far 
in  advance  of  his  party  in  the  State,  and  in  full  sympathy  with 
the  secession  party  in  South  Carolina. 

In  1850,  he  took  advanced  ground  on  the  subject,  although 
the  occasion  for  action,  in  his  opinion,  had  not  arisen.®  Gov- 
ernor Reid's  message  to  the  legislature  in  January,  1851,  con- 
tained, also,  a  decided  threat.  But  the  legislature  was  not  in 
accord  with  them  on  this  point.  The  question  was  discussed 
as  a  purely  abstract  one,  and  resolutions  extremely  conservative 
in  tone  were  adopted,  while  the  series  presented  as  a  minority 
report  by  the  committee,  which  declared  the  right  existent,  were 
rejected.'^  The  question  appeared  again  in  the  campaign  of 
185 1.  Alfred  Dockery  was  a  Whig  candidate  for  Congress  in 
a  district  composed  largely  of  counties  on  the  South  Carolina 
line,  and  made  his  campaign  on  the  question  of  secession,  stat- 
ing as  his  position,  that  if  South  Carolina  should  secede  he 
would  vote  men  and  money  "to  whip  her  back  into  the  Union," 
and  would  do  the  same  if  his  own  State  were  in  question.^  He 
was  elected  with  a  majority  of  over  a  thousand  votes.     His 

6  The  following  is  part  of  one  of  his  editorials  at  the  time:  "We 
have  heard  the  idea  recently  expressed  that  a  State  has  no  right  to 
secede  from  the  Union — 'that  there  is  no  help  from  oppression  except  by 
revolution;  in  other  words,  that  the  States  are  the  creatures  and  de- 
pendents of  the  Federal  Government  and,  of  course,  subject  to  its  phy- 
sical coercion.  Such  an  assumption,  we  humbly  submit,  is  unsupported 
by  any  testimony  derived  from  the  Constitution  itself  or  from  any 
single  circumstance  attending  its  foundation  or  adoption.  It  is,  more- 
over, at  war  with  all  regular  ideas  of  free  republican  government  and 
the  undoubted  independence  of  the  States,  as  that  independence  has 
been  displayed  in  their  separate  organizations  since  1787.  We  hold 
that  as  no  State  could  originally  have  been  forced  into  the  Union,  none 
can  be  forced  in  or  rather  prevented  from  going  out . "—Standard,  Dec. 
4,  1850. 

7  Legislative  Docs.,  1850-1,  Vol.  2,  pp.   246,  261. 

8  Standard,  July  2,  1851.  •         * 


RECONSTRUCTION   IN   NORTH   CAROLINA.  9 

district  was  usually  a  strongly  contested  one,  the  Whigs  and 
Democrats  being  about  equal  in  number.  Edward  Stanly,  ex- 
pressing the  same  sentiments,  was  elected  in  an  eastern  district 
in  the  same  year.®  The  Standard,  although  the  organ  of  the 
Democratic  party,  was,_as  thus  appears,  far  in  advance  of  party 
sentiment,  or  at  least,  more  outspoken.  In  this  same  campaign 
it  said,  *'It  is  sufficient  for  us  to  say  that  whenever  the  Consti- 
tution is  palpably  violated  by  Congress  *  *  *  qj.  whenever 
that  body  fails  to  carry  out  the  plain  provisions  of  that  instru- 
ment when  required  to  protect  Southern  rights,  the  Union  is 
dissolved,  and  that  by  a  sectional  majority."  ^^ 

Much  the  same  sentiments  were  expressed  during  the  presi- 
dential campaign  of  1856.  Just  before  the  election,  a  meeting 
of  the  Southern  governers  was  called  at  Raleigh  for  deliber- 
ation as  to  the  course  to  be  pursued  in  the  event  of  Fremont's 
election.  Only  Governor  Wise,  of  Virginia,  and  Governor 
Adams,  of  South  Carolina,  came,  and  consequently  the  meet- 
ing was  unimportant.  An  informal  consultation  was  held  at 
the  Governor's  Mansion,  and  several  prominent  men  of  Ral- 
eigh were  invited  to  be  present,  including  W.  W.  Holden,  M. 
A.  Bledsoe  and  L.  O'B.  Branch.  This  may  be  said  to  have 
been  the  first  secession  meeting  held  in  the  State.  But  Gov- 
ernor Bragg's  position  was  most  conservative  and  in  sharp 
contrast  to  that  assumed  by  Governor  Wise.  The  outcome  of 
the  election  prevented  any  direct  result  of  the  meeting. 

^r.  JToldpn  had  been  an  earnest  and  faithful  worker  for 
his  party  for  many  years  and  had  been  rewarded  by  no  office 
of  importance.  He  was  intensely  aQ^bitiousand  desired  a 
more  definite  reward  than  his  influence,  although  that  gave  him 
power  even,  politically  speaking,  "to  kill  and  make  alive." 
Feeling  that  he  deserved  it,  in  1858,  he  was  a  candidate  before 
his  party  for  the  nomination  for  governor.  In  spite  of  a  d'^er- 
mined  secretogjaQsitiQ»  tfft.him,  a  majority  of  the  delegates  were 


9  Standard,  Aug.   20,  1851.  10  Ibid.,  Jan.   15,  1851. 


10  RECONSTRUCTION   IN   NORTH    CAROUNA. 

instructed  for  him.  When  the  convention  met  in  Charlotte, 
one  delegate,  holding  a  large  number  of  proxies,  although  in- 
structed for  him,  voted  for  his  opponent,  Judge  John  W.  Ellis, 
of  Rowan,  who  was  nominated.  ^Ir.  Holden's  humble  origin, 
and,  to  a  lesser  extent,  his  agrarian  tendencies  were  responsible 
for  his  defeat.  He  acquiesced  in  the  result,  but  with  ill-con- 
cealed bitterness.  With  justice,  he  felt  wronged,  but  visited 
his  anger  upon  his  innocent  opponent,  whom  he  accused  of 
usin<:;  ''means  tlist  would  be  considered  unfair  by  a  New  York 
politician."  ^^  At  this  point  began  a  change  of  sentiment  in 
Q>/  Mr.  Holden  which  divided  himlrom  his  party.  This  was  has- 
tened by  the  failure  of  the  legislature  to  elect  him  to  the  United 
States  Senate  at  their  next  session. ~^"^''"'**     ^»«.™.^«.— <.— ...p^ 

The  State  as  a  whole  was  comparatively  free  from  discussion 
of  secession  during  most  of  the  decade,  and  when  the  subject 
was  mentioned,  it  was  generally  only  as  an  abstract  question. 
But  two  events  were  to  bring  a  change.  In  1857,  Hinton 
Rowan  Helper,  a  native  of  North  Carolina,  published  The  Im- 
pending Crisis.  Its  attacks  upon  slavery  aroused  a  storm  of 
denunciation  throughout  the  State  and  the  whole  South.  To 
own  a  copy  of  the  book  amounted  almost  to  political  death  and 
threatened  social  ostracism.  The  other  event,  it  is  needless  to 
say,  was  John  Brown's  raid.  This  stirred  the  State  deeply. 
Secessionists  had  now  a  forcible  argument  to  prove  the  designs 
of  the  Northern  people,  and  the  secession  movement  may  here 
be  said  to  begin.  Sympathy  with  Virginia  was  expressed  in 
many  ways.  Military  organizations  from  every  part  of  the 
State  tendered  their  services,  but  Governor  Wise  refused  all.^^ 

In  December,  the  Council  of  State  met  and  passed  resolu- 
tions -approving  the  course  pursued  by  Governor  Wise,  extend- 
ing sympathy  to  Virginia,  and  assuring  him  of  the  support  of 
North  Carolina  in  all  efforts  to  maintain  the  vital  interests  of 
the  slaveholding  States,  which  could    never    be  surrendered 

11  Standard,  Nov.  24,  1860.  "ibid.,  Nov.   23,  1859. 


lUeCONSTRUCTlON   IN   NORTH   CAROLINA.  II 

without  dishonor.  President  Buchanan  was  thanked  for  his 
prompt  aid.  The  following  resolutions  containing  a  decided 
threat  were  also  passed : 

"That  the  union  of  the  States  can  only  be  perpetuated  so 
long  as  it  continues  to  be  a  union  of  equals. 

"We  are  devoted  to  it  and  would  behold  its  dissolution  with 
profound  regret ;  yet,  if  we  cannot  hold  our  slave  property,  and 
at  the  same  time  enjoy  repose  and  tranquility  in  the  Union, 
we  will  be  constrained,  in  justice  to  ourselves  and  to  our  pos- 
terity, to  establish  new  forms  and  to  establish  new  guards  for 
our  security  and  well  being;  relying  for  success  in  so  doing 
in  the  righteousness  of  our  cause  and  on  the  support  of  that 
Providence  who  so  signally  guided  and  secured  our  ancestors 
in  times  of  danger. 

"That,  while  declaring  our  sincere  devotion  to  the  Union 
according  to  the  Constitution  as  it  was  established  by  our  fore- 
fathers, and  while  we  are  ready  to  uphold  and  maintain  it  as 
a  Union  of  equals,  we  are  not  unmindful  of  the  fact  that  the 
disturbers  of  our  peace  have  received  and  are  receiving  the 
active  sympathy  and  the  substantial  support  of  large  portions 
of  the  people  of  the  non-slaveholding  States;  and  that  it  be- 
hooves the  people  of  the  non-slaveholding  States,  if  they  would 
restore  domestic  tranquility  and  perpetuate  the  Union,  to  rouse 
themselves  from  the  condition  of  indifference  and  lethargy 
which  seems  to  prevail  among  them,  and  to  take  such  action 
and  adopt  such  measures  as  may  be  necessary  to  prevent  a  con- 
tinuance of  assaults  upon  the  people  of  the  South,  and  may 
assure  our  people  that  they  are  still  faithful  as  Confederate 
States  to  the  common  Union  which  still  unites  us." 

The  governor  was  advised  to  encourage  the  organization  of 
volunteer  military  companies  and  to  apply  to  the  President  for 
arms,  to  take  measures  to  prevent  the  distribution  through 
the  mails  of  incendiary  matter  from  the  North,  and  to  require 
justices  of  the  peace  to  subject  canvassers  from  the  North  to  a 
severe  scrutiny  and  to  require  bond  for  good  behavior  when  it 
was  thought  necessary.^^ 

13  Council  of  State  Records,  1859;  Standard,  Dec.   10,  1859. 


12  RECONSTRUCTION   IN   NORTH   CAROLINA. 

The  press  of  the  State  was  equally  outspoken  regarding  the 
possible  and  even  probable  consequences  of  the  attack  upon  a 
Southern  State,  which  was  considered  an  attack  upon  the 
entire  South.  rEven  the  Register,  the  intensely  conservative 
organ  of  the  Whig  party,  began  to  advocate  the  industrial  inde- 
pendence of  the  South  with  a  view  to  possible  political  inde- 
pendence.^* As  usual,  the  Standard  was  the  most  extreme.  It 
said,  "After  Seward's  Rochester  speech,  ^"aTt"er  the  Harper's 
Ferry  outrage  and  after  Helper's  book,  endorsed  as  it  is  by  the 
leaders  of  Black  Republicanism,  the  people  of  the  South  will 
not  submit  to  Black  Republican  rule.  They  will  sunder  the 
bonds  in  i860,  in  1864,  in  1868,  or  in  1872,  before  they  will 
do  it.  We  mean  precisely  what  we  say,  and  ninety-nine  hun-  . 
dredths  of  those  who  may  read  this  article  agree  with  us."^^ 

Meetings  were  held  at  various  places  in  the  State  and  reso- 
lutions passed,  all  breathing  the  same  spirit  of  defiance  to  the 
North.  One  of  these  meetings,  held  in  Chatham  county,  sent 
a  committee  to  request  Governor  Ellis  to  call  a  special  session 
of  the  legislature  to  place  the  State  in  an  attitude  of  full  mili- 
tary defence.  Governor  Ellis  declined,  however,  with  the  state- 
ment that  there  was  no  necessity  for  any  such  action. ^^  Re- 
quests for  arms  for  new  military  organizations  kept  pouring  in 
and  Governor  Ellis  applied  twice  to  the  Secretary  of  War  to 
furnish  them.  Secretary  Floyd  responded  that  North  Carolina 
already  had  her  quota  and,  if  the  ten  thousand  rifles  desired 
were  furnished,  it  would  be  an  advance  of  six  years,  and  this 
he  declined  to  make.^^ 

All  the  winter  following,  the  State  was  kept  in  a  condition 
of  excitement  and  unrest  by  numerous  arrests  and  trials  of  per- 
sons for  peddling  abolition  tracts  and  books,  and  for  preaching 
abolitionist  sentiments  to  the  negroes.  Several  were  tarred 
and  feathered  instead  of  being  delivered  into  the  hands 
of  the  law.     The  most  noted  trial  of  an  abolitionist  was  that 

14  Nov.   30,  and  Dec.   21,  1859.  le  Standard,  Jan.   18,  1860. 

15  Dee.   14,  a859.  it  Register,  Jan.   11,  1860. 


MICONSTRUCTION  IN  NORTH   CAROLINA.  1 3 

of  the  Rev._J2goaieLJiS^ort^-4»-Guilford  county.  He  was  a 
native  of  North  CaroHna,  of  Quaker  origin,  who  had  lived 
for  many  years  in  Indiana  and  had  become  a  monomaniac  on 
the  subject  of  slavery.  He  was  sentenced  to  be  whipped,  and 
appealed  to  the  Supreme  Court.  While  his  appeal  was  pend- 
ing he  escaped  to  New  York  and  did  not  return.^* 

In  one  year  secession  sentiment  had  grown  more  than  in  all 
the  preceding  ones,  and  a  secession  party,  small  but  active, 
had  come  into  existence. 

2.  The  Campaign  of  i860. 

The  State  Democratic  convention  met  in  Raleigh  in  March 
and  unanimously  re-nominated  nnyfrnnr  T^11i<;  The  platform 
protested  against  the  alteration  of  any  national  compromise  and 
announced  that  interference  with  the  constitutional  rights  of 
the  States  would  not  be  tolerated.  But,  on  the  whole,  the  senti- 
ment of  the  delegates,  as  expressed  in  the  platform  and  in  the 
speeches  in  the  convention,  was  conservative  and  entirely  favor- 
able to  the  Union.^® 

The  opposition  party  had  already  nominated  John  Pool  on  a 
platform  demanding  the  ad.,  valor  em  taxation  of  slave  prop- 
erty.    He  was  hardly  the  candidate  that  would  have  been  ex- 
pected, as  he  had  voted  against  ad  valorem  taxation  in  the  pre- 
ced'no-  legislature;  but  his  personal  position  was  no  more  sur- 
prising than  that  of  his  supporters,  for  a  party  made  up  of  old 
Whip-s  would  hardly  have  been  expected  to  advocate  ad  valorem 
taxation.     The  platform  laid  the  blame  for    all    the  national      \ 
troubles  on  the  Democracy,  and,  with  more  than  usual  vigor,      1 
declared  its  doctrines  dangerous  and  its  success  a  menace  to       I 
the  welfare  of  the  nation. ^^ 

i8""^orth  Letters  (unpublished).  When  asked  why  a®  a  minister  he 
did  not  obey  the  law,  he  said,  "I  have  no  respect  for  North  Carolina 
law-,  ^or  thev  are  enacted  by  adulterers,  drunkards,  and  gamblers." — 
StnrH-rd.  Dpc.   21,  1859. 

19  Standard,  March  14,  1860.  20  Register,  Feb.  30,  I860. 


>l 


14  RECONSTRUCTION   IN   NORTH   CAROLINA. 


"V 


A  vigorous  campaign  opened  at  once  conducted  largely,  at 
•"^^     first,  on  internal  matters.     In  the  discussion  of  these  the  ad-  ■ 
^fi       vantage  was  clearly  with  Mr.  Pool,  but  national  questions  soon  I 
•^       interfered  in  behalf  of  Governor  Ellis. 

n  When  the  Democratic  National  Convention  met  in  Charles- 

S  ton,  nineteen  delegates  were  present  from  North  Carolina. 
^^  Prominent  among  these  were  W.  W.  Avery,  who  was  chair- 
^^  man  of  the  committee  on  resolutions,  W.  W.  Holden,  W.  S. 
Ashe  and  Bedford  Brown.  The  details  of  the  convention  are 
Is.  familiar.    When  the  minority  report  of  the  committee  on  reso- 

««l^  lutions  was  substituted  for  that  of  the  majority,  W.  S.  Ashe 

addressed  the  convention,  saying,  that  if  the  platform  was 
forced  upon  the  South  he  would  be  forced  to  withdraw.  Bed- 
ford Brown  also  spoke,  warning  the  convention  that  if  the 
second  resolution  was  adopted,  the  fate  of  the  Democratic 
party  was  sealed.^^  But  when  the  withdrawal  of  the  Southern 
delegates  took  place,  those  from  North  Carolina  refused  to  go. 
It  is  not  doubtful  that,  if  they  had  wavered,  the  delegations 
from  Virginia,  Tennessee,  Maryland  and  Kentucky  would  have 
also  withdrawn.^^ 

When  the  balloting  began  for  the  presidential  nomination, 
North  Carolina  voted  as  a  unit  thirteen  times  for  R.  M.  T. 
Hunter,  twelve  times  for  Lane  and  six  times  for  D.  S.  Dick- 
inson. Then,  until  the  balloting  ceased,  her  vote  was  cast  for 
Lane  and  Douglas,  the  latter  receiving  one  vote.^^  The  press 
of  the  State  and  the  people  in  general  approved  the  action  of 
the  delegates.  In  only  one  instance  were  they  criticised  for  not 
withdrawing  with  the  other  Southern  delegates.^* 

C^  Mr.  Holden  returned  from  Charleston  with  a  changed  view 
of  secession.    What  policy  he  would  pursue,  however,  seemed 

21  Charleston  Mercury,  quoted  in  Standard,  May  9,  1860. 

22  Standard,  May  16,  1860. 

23  Ibid.,  May  9,  1860.     R.  P.  Dick  voted  for  Douglas. 

24  The  Charlotte  Bulletin  claimed  that  they  should  have  gone  with 
the  Cotton  States. 


RECONSTRUCTION   IN   NORTH   CAROUNA. 

doubtful.  Still  bitter  against  the  Republicans,  he  announced 
in  the  first  issue  of  his  paper,  after  his  return,  that  he  was 
"for  the  Constitution  and  the  Union,  and  against  all  who  would 
trample  on  the  one  or  dissolve  the  other."  -^  But  a  month 
later,  he  again  declared  that  secession  should  follow  the  election 
of  a  Republican  President.^* 

When  the  Baltimore  convention  met  all  the  delegation  fmm 
North  Carolina  withdrew  except  R.  P.  Dick,  W.  W.  Holden 
and  J.  W.  B.  Watson.  The  two  last-named  refused  to  vote, 
but  Mr.  Dick  voted  for  Douglas.  For  some  time  Mr.  Holden 
was  doubtful  as  to  whom  he  would  support,  but  finally  an-. 
nounced  that  he.  would  favor  the  Breckenridge  ticket,  .>yith  the 
understanding  that  the  electors  would  vote  for  Douglas,  if  by 
doing  so  they  could  defeat  Lincoln.  R.  P.  Dick,  however, 
called  a  meeting  of  those  favoring  Douglas,  and  a  full  electoral 
ticket  was  chosen.  Mr.  Douglas  was  present  and  addressed 
the  meeting.  But  the  Douglas  ticket  played  no  part  in  the 
campaign  and  received  less  than  three  thousand  votes.  The 
contest  was  between  Breckenridge  and  Bell  and  resulted  in  a 

25  May  9,  1860. 

26  The  editorial  is  in  part  as  follows:  "But  it  is  said  that  the  Su- 
preme Court  may  be  in  the  future  an  unsafe  tribunal  for  the  South; 
that  the  Black  Republicans  will  obtain  control  of  it  and  turn  its  de- 
cisions against  the  slaveholding  States.  That  may  be  so.  At  present 
it  is  certainly  a  safe  tribunal  for  the  South.  It  may  be  changed  and 
no  doubt  will  be,  if  the  Black  Republicans  should  obtain  possession  of 
the  government.  But  what  of  that?  Must  we  wait  until  this  change 
is  made?  Shall  we  permit  Lincoln  to  pervert  the  whole  power  of  the 
Government,  and  in  addition  to  turn  the  Supreme  Court  against  us? 
We  are  for  meeting  the  enemy  at  the  threshold — for  .vanquishing  him 
or  being  vanquished  long  before  his  law,  his  adjudications  against  us 
are  made.  If  the  people  of  the  South  are  true  to  themselves  they  will 
never  be  troubled  by  the  decisions  of  Black  Republican  judges.  But  if 
they  submit  to  the  inauguration  and  rule  of  Black  Republicans,  they 
will  bind  themselves  to  submit  to  the  decisions  of  an  abolition  court." — 
Standard,  June  2,  1860.  ^ 


l6  REJCONSTRUCTION   IN   NORTH   CAROIvINA. 

victory  for  the  former  in  spite  of  the  vigorous  campaign  made 
by  the  Whigs.  The  Democratic  State  ticket  was  elected  by  a 
majority  of  over  six  thousand  votes.^^  In  the  General  Assembly 
the  Democrats  had  a  working  majority  in  both  houses. 

3.  The  Secession  Movement. 

The  result  of  the  election  had  scarcely  been  announced  when 
the  question  of  secession  became  the  leading  topic  of  the  time. 
The  election  of  Lincoln  was  not  regarded  in  North  Carolina  as 
a  sufficient  cause  of  withdrawal  from  the  Union,  but  the  action 
of  the  other  Southern  States  forced  a  consideration  of  the  mat- 
ter.    During  the  campaign  little  had  been  said  on  the  subject. 
No  public  speaker  had  advocated  secession  and  many  had  de- 
nied the  existence  of  the  right.^®     But  the  secession  party  was 
only  quiet  for  a  time.     A  large  secession  meeting  in  Wilming- 
ton on  November  19th  inaugurated  a  campaign  conducted  by 
means  of  similar  meetings. ^^    By  the  first  of  January  secession 
meetings  had  been  held  in  more  than  thirty  counties,  and  this 
renumber  was  more  than  doubled  by  the  following  April.     In 
I  opposition  to  these,  Union  meetings  were  held  in  fewer  coun- 
l  ties,  it  is  true,  but  in  greater  number.^^ 

The  battle  commenced  when  the  General  Assembly  met.  All 
the  members  seemed  conscious  of  the  gravity  of  the  situation 
and  the  importance  of  the  work  ahead  of  them.^^  The  element 
favorable  to  secession  were  well  organized,  and  this  fact  later 
prevented  some  of  the  Union  men  from  voting  with  them  on 
the. question  of  a  convention.  The  body,  as  a  whole,  was  able 
and  conservative,  but  still  there  was  a  tendency  on  the  part 

27  The  total  vote  cast  was  112,586. 

28  Letter  from  Gov.  Ellis  to  Gov.   Gist,  Oct.    19,  1860. 

29  Wilmington  Journal,  Nov.   20,  1860. 

!30  An   example  of   intense  Union   sentiment  was   in   Rowan   County, 
where    nine    large    Union    meetings    were   held    during   December    and 
January . 
0'v  31  Memoir  of  A.   S.  Merrimon,  p.   61. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  1 7 

of  some  of  the  Union  men  to  be  factious,  and  some  of  the 
secessionists  were  illiberal. 

The  governor's  message  was  a  clear  statement  of  the  con- 
ditions which  the  legislature  had  to  face.  He  suggested  an 
invitation  to  the  Southern  States  to  hold  a  conference  through 
delegates,  the  calling  of  a  convention  of  the  people,  and  a 
thorough  re-organization  of  the  militia.  It  was  evident  from 
the  tone  of  the  message  that  Governor  Ellis  himself  had  little 
hope  of  a  peaceful  settlement  of  the  sectional  differences. 

A  joint  committee  on  Federal  Relations  was  appointed  and 
reported  early  in  December,  recommending  that  a  convention 
limited  in  power  shouM  be  called.  A  minority  report  dis- 
sented both  in  regard  to  the  possibility  of  a  limited  convention 
and  the  necessity  for  calling  one  at  that  time.  Bills  providing 
for  calling  a  convention  had  already  been  introduced,  but  the 
bill  reported  by  the  committee  was  substituted  for  them.  The 
debate  which  now  followed  was  long  and  heated.  Discussion 
was  not  confined  to  the  legislature.  The  question  was  argued 
all  over  the  State,  and  the  press  entered  ihto  the  discussion 
in  even  a  more  vigorous  way  than  the  legislature.  At  this 
time  its  sentiment  was  overwhelmingly  for  the  Union.^^  The 
course  of  events,  however,  was  having  an  effect  upon  it  as  well 
as  upon  the  people  and  the  legislature.  When  a  convention 
was  first  proposed  it  seemed  very  doubtful  if  one  could  be 
called.  But,  as  time  passed,  the  idea  grew  in  favor.  Many 
of  the  strongest  advocates  of  the  Union  commenced  to  favor 
it,  trusting  that  the  Union  sentiment  in  the  State  would  keep 
the  secessionists  from  obtaining  control  of  it.^^  The  secession 
element  was  increased  by  the  influence  of  the  secession  of  the 
various  Cotton  States  and  the  appearance  in  Raleigh  of  repre- 
ss At  this  time  only  the  Charlotte  Bulletin,  Goldsboro  Rough  Notes, 
Wilmington  Journal,  and  the  Raleigh  State  Journal  favored  secession. 
33  A  letter  from  Z.  B.  Vance,  dated  Jan.  9,  1861,  shows  this  feeling. 
He  felt  that  better  terms  could  be  obtained  if  the  State  were  in  con- 
vention. 

2 


S{n 


\i 


l8  RECONSTRUCTION   IN   NORTH   CAROUNA. 

sentatives  from  several  of  them.  Jacob  Thompson,  of  Missis- 
sippi, and  I.  W.  Garrott  and  R.  H.  Smith,  of  Alabama,  were 
received  by  the  legislature  as  commissioners  from  their  States. 
All  were  natives  of  North  Carolina.  The  members  of  Congress 
from  the  State  also  took  part  in  the  discussion.  The  address 
of  the  Southern  members  of  Congress  was  signed  by  Ruffin  and 
Craige.  The  two  Senators  and  four  of  the  representatives 
wrote  requesting  the  legislature  to  call  a  convention,  and  it 
was  known  that  two  others  favored  it.^* 

Another  thing  added  to  the  excitement  and  uneasiness  of  the 
people.  There  were  at  this  time  four  United  States  army 
posts  in  the  State^ — the  Fayetteville  Arsenal  and  Forts  Johnston, 
Caswell  and  Macon.  At  the  request  of  the  mayor  and  citizens 
of  Fayetteville,  who  feared  an  insurrection,  and  against  the 
advice  of  the  officer  in  command,  troops  had  been  sent  there 
early  in  November.^^  At  each  of  the  other  posts  an  ordnance 
sergeant  was  in  charge.  Early  in  January  a  committee  from 
Wilmington  visited  Governor  Ellis  and  begged  him  to  seize 
Forts  Johnston  and  Caswell.  He  refused  to  entertain  the  prop- 
osition, and  on  the  morning  of  the  loth  Fort  Johnston  was 
captured  by  citizens  of  Wilmington,  organized  as  a  Committee 
of  Safety  under  the  name  of  ''Cape  Fear  Minute  Men"  and 
X]  under  the  command  of  John  J.  Hedrick.  That  afternoon,  ac- 
companied by  S.  D.  Thruston,  captain  of  the  ''Smithville 
Guards,"  and  a  number  of  citizens  of  Smithville,  they  captured 
Fort  Caswell.  This  latter  was  a  most  important  fort,  as  it 
commanded  the  mouth  of  the  Cape  Fear  river.  The  next  day, 
Governor  Ellis,  hearing  unofficially  of  the  seizure,  telegraphed 
Warren  Winslow  in  Washington  to  ascertain  if  the  adminis- 
tration intended  to  garrison  the  forts  in  North  Carolina.^®  He 
also  sent  orders  to  Thruston  to  evacuate  the  forts  at  once. 
The  order  was  complied  with  and  the  two  forts  were  restored 

34  Senators    Bragg    and    Clingman,    Representatives    Branch,    Craige, 
Winslow,  and  Ruffin.     Vance  and  Smith  were  knoAvn  to  favor  it. 
85  Off.  Rec.  No.   1,  pp.  480-4. 
38  North  Carolina  Regimental  History,  Vol.   I,  p.    26. 


RECONSTRUCTION   IN   NORTH   CAROI^INA.  19 

to  the  officers  in  charge.  Governor  ElHs  was  of  the  opinion 
that  the  seizure  had  been  made  by  the  miUtia  under  orders. 
Later  information  showed  the  error  of  this.  He  at  once  re- 
ported the  matter  to  the  President  and  asked  if  the  forts  were 
to  be  garrisoned.  Secretary  Holt  repHed  thanking  him  for  his 
prompt  action,  and  declaring  that  there  was,  at  that  time,  no  in- 
tention of  placing  garrisons  in  the  forts  as  they  were  con- 
sidered entirely  safe  in  ''law-abiding"  North  Carolina;  but 
that,  if  a  disposition  was  shown  to  attack  them,  they  would  be 
protected.^^ 

These  events  all  had  their  effect,  and  January  30th  both 
houses  of  the  General  Assembly  agreed  upon  a  bill  providing 
for  submitting  to  the  people  the  question  of  a  convention,  lim- 
ited in  its  powers  to  Federal  relations,  and  for  the  election  of 
delegates  at  the  same  time.  If  called,  no  action  of  the  conven- 
tion was  to  become  valid  until  ratified  by  the  people.  The  bill 
was  most  strongly  supported  by  W.  W.  Avery  and  V.  C.  Bar- 
ringer  in  the  Senate,  and  Samuel  Person  in  the  House,  while 
the  opposition  was  led  by  Bedford  Brown  and  R.  S.  Donnell 
in  the  Senate  and  House,  respectively.  In  the  Senate,  Jona- 
than Worth,  Alfred  Dockery,  Josiah^  Turner,  L.  Q.  Sharpe 
and  David  Outlaw  contested  every  step  made  by  the  secession- 
ists and  gave  them  infinite  trouble.  But  the  movement  was 
gaining  a  headway  which  rendered  ineffectual  all  opposition.^^ 
The  legislature,  after  passing  the  convention  bill,  went  fur- 
ther. An  appropriation  of  $300,000  was  made  to  purchase 
arms,  and  a  military  commission  was  chosen  to  advise  the  gov- 

37  Off.  Rec.,  No.   1,  pp.  484-5. 

38  Gov.  Ellis,  in  a  private  letter  to  I.  W.  Garrott,  of  Alabama,  said 
that  North  Carolina  would  much  sooner  join  an  organized  government 
than  secede  without  one  being  already  formed,  but  that  the  State  could 
take  no  part  in  its  organization.  "But,"  said  he,  "rely  upon  it,  the 
Southern  Rights  men  in  North  Carolina  will  never  desert  you.  We 
have  submissionists  here;  but  the  great  heart  of  the  people  is  right. 
You  may  count  on  us,  for  we  will  be  with  you  soon." 


\J 


20  RECONSTRUCTION   IN   NORTH   CAROLINA. 

ernor  on  the  subject.^®  A  new  militia  law  was  passed,  making 
all  white  males  between  eighteen  and  forty-five  years  of  age 
liable  to  service.  A  volunteer  corps  of  ten  thousand  men  was 
provided  for,  and  the  governor  was  authorized  to  enroll  twenty 
thousand  more  to  serve,  in  case  of  invasion,  at  the  pleasure  of 
the  commander-in-chief.*^  Commissioners  were  elected  to  rep- 
resent the  State  near  the  Confederate  Government  and  at  the 
Peace  Conference  in  Washington.  On  the  former  commission 
were  ex-Governor  David  L.  Swain,  the  president  of  the  State 
University,  M.  W.  Ransom  and  John  L.  Bridgers,  while  ex- 
Chief  Justice  Thomas  Ruffin,  ex-Governor  David  S.  Reid,  ex- 
Governor  John  M.  Morehead,  D.  M.  Barringer  and  George 
Davis  composed  the  latter.  In  both  Union  men  were  in  the 
majority. 

The  commissioners  to  Montgomery  attended  the  sessions  of 
the  Confederate  Congress,  but  declined  to  take  any  part  in 
their  deliberations.  The  delegation  to  Washington,  soon  after 
the  Peace  Conference  met,  came  to  the  conclusion  that  there 
was  no  hope  of  peace.  Barringer,  Reid  and  Davis  voted 
against  the  /Franklin  proposition  with  the  exception  of  the 
third  and  f oi^4h.  s^ctionsr-^Ruffin  and  Morehead,  while  not 
satisfied,  were  unwilling  to  reject  anything  that  might  prevent 
the  war  on  honorable  terms,  and  voted  for  the  entire  proposi- 
tion. This  recommended  a  number  of  amendments  to  the 
Constitution,  the  substance  of  which  was  as  follows:  By 
the  first,  slavery  was  to  be  prohibited  in  the  territories 
north  of  latitude  36  degrees  30  minutes.  South  of  that 
line  the  institution  was  to  remain  as  it  was  at  the  time, 
and  no  law  could  be  passed  abridging  the  right  of  a 
citizen  to  take  a  slave  thither.  The  status  of  new  States 
was    to   be    determined    by    their    constitutions.     The    second 

39  D.  H.  Hill  and  C.  C.  Tew,  the  superintendents  of  the  two  mili- 
tary schools  in  the  State,  were  appointed  commissioners.  Laws,  1860-1,, 
chap.   27. 

40  Laws,  1860-1,  chap.  24. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  21 

provided  that  no  further  acquisition  of  territory  should  be 
made  without  the  consent  of  a  majority  of  the  Senators  from 
both  the  free  States  and  the  slave  States.  The  third  declared 
that  no  amendment  to  the  Constitution  should  be  made  inter- 
fering with  slavery  in  the  States,  nor  should  Congress  pro- 
hibit it  in  the  District  of  Columbia,  nor  interfere  with  the  do- 
mestic slave  trade  between  slave  States,  nor  tax  slaves  at  a 
higher  rate  than  land'.  The  slave  trade  in  the  District  of  Co- 
lumbia was  abolished,  but  Congress  was  prohibited  from  as- 
suming any  power  to  prevent  slaves  from  being  taken  into  the 
District  and  then  brought  away.  The  fourth  provided  that  the 
Constitution  should  not  be  so  construed  as  to  prevent  any  of 
the  States  from  aiding  in  the  arrest  and  delivery  of  fugitive 
slaves.  The  fifth  prohibited  forever  the  foreign  slave  trade. 
The  sixth  provided  that  the  amendments  to  the  Constitution 
so  proposed  should  not  be  abolished  or  changed  without  the 
consent  of  all  the  States.  Finally  the  seventh  provided  for  pay- 
ment by  the  United  States  for  all  slaves  released  by  violence 
from  Federal  officials,  or  whose  re-capture  should  be  prevented 
by  violence.  All  these  amendments  were  included  in  one  pro- 
posed article.  It  was  adopted  with  nothing  like  unanimity 
among  the  delegates  to  the  conference  and  was  doomed  to  fail- 
ure before  it  ever  reached  Congress. 

Up  to  the  meeting  of  the  Peace  Conference  there  had  been 
great  hopes  in  the  State  that  by  it  all  the  vexing  questions  be- 
tween the  sections  would  be  settled  and  peace  restored.*^  But 
the  hope  was  all  in  vain.'*-  On  their  return  to  North  Carolina 
the  commissioners  announced  that  all  hope  of  peace  was  gone. 
Judge]Rjifl5ii^_3adiaJiad_gone  to  the  conference  as  a  violent 

41  Report  of  S.  Hall  to  Georgia  Convention.  Journal,  p.  330.  Mr. 
Hall  said  that  the  great  obstacle  "to  the  immediate  co-operation  of 
North  Carolina  with  the  Confederate  States  is  the  belief  entertained 
by  a  large  number  of  citizens  that  the  Peace  Conference  will  compose 
the  dissensions  between  the  sections." 

42  The  voting  in  the  conference  was  by  States  and  consequently  the 
vote  of  the  majority  of  any  delegation  prevailed  for  the  vote  of  its 
State. 


22  RECONSTRUCTION  IN  NORTH  CAROLINA. 

Union  man,  made^a- speech  in  Hillsboro  consisting  of  only 
fHree-wofdsT^ight !  Fight !  'FTghf!"  Nothing  illustrates 
more  clearly  the  change  of  sentiment  which  was  taking  place. 
The  same  thing  is  noticeable  in  the  newspapers.  With  the 
exception  of  the  Standard,  all  began_Jo^  advise  military  prep- 
aragofts:— This.  ..was  -defend^'^y  all  of  them  as  a  necessity. 
One  of  them  said,  "The  extremists  of  both  sides  have  left 
nothing  for  us  but  secession."  ^^  And  gradually  most  of  them 
began  to  advocate  what  they  had  so  persistently  fought. 

The  vote  on  the  question  of  a  convention  and  the  election  of 
delegates  were  held  February  28th.  The  issue  of  the  campaign 
had  been  made  ''Union  or  Disunion,"  and  notwithstanding  the 
fact  that  many  of  the  leaders  of  the  Union  party  desired  a 
convention  as  the  best  means  of  settlement,  and  that  the  act 
providing  for  it  had  only  been  passed  through  their  support, 
the  call  was  defeated.  The  people  still  hoped  for  peace  and 
were  afraid  of  a  convention.  The  majority  against  it  was 
small — 651  votes  out  of  a  total  of  93,995 — but  a  majority  of 
the  delegates  chosen  were  Union  men.  Representatives  of  three 
views  as  to  the  course  to  be  pursued  were  found  among  the  dele- 
gates. There  were  52  ''submissionists,"  as  the  secessionists 
called  them,  22  ''conditional  submissionists"  and  46  "Southern 

^1^*    Rights"  men. 

[^  "^  The  strongest  advocate  of  the  Union  could  not  think  that 
this  w^SHifinal  decision  of  the  question.  It  was  onlv  a 
gain  in  tiniey..a.'IsuCC^s:s~f0f3^^ 

Wait^'  polieyv-v  and  it  gave  them  only  a  momentary  advantage. 
The  secession  party  had  the  advantage  of  being  coherent,  in 
marked  contrast  to  their  opponents,  and  were  more  enthusi- 
astic in  their  cause.  In  the  East,  beginning  in  Wilmington,  a 
strong  and  united  movement  now  commenced.  "States  Rights" 
meetings  were  held  in  various  places  and  delegates  chosen  to  a 
State  meeting  to  be  held  in  Goldsboro  in  March.    This  move- 

43  New  Bern  Progress,  Jan.    18,  1861.  ^/\/ 

44  This  was  the  watchword  of  the  Standard.  ^ 


^"X 


a> 


RECONSTRUCTION   IN   NORTH   CAROLINA.  23 

ment  spread  to  other  parts  of  the  State,  and  when  the  meeting 
was  held  on  the  22nd  about  a  thousand  persons  were  present, 
representing  twenty-five  counties.  Weldon  N.  Edwards,  o 
W^rrpn,  -yya<;  called  to  the  chair.  Formal  organization  of  a 
p^rty  resulted  and  plans  were  made  for  a  campaign  extending 
all  over  the  State.  Franklin  J.  Moses,  of  South  Carolina,  who 
had  been  appointed  by  his  State  as  a  commissioner  to  the  de- 
feated convention,  was  present  and  addressed  the  meeting. 
Edmund  Ruffin,  of  Virginia,  came  over  from  Charleston  to 
attend,  and  made  a  vigorous  secession  speech.  Determination 
and  energy  marked  the  whole  meeting.  After  providing  for 
another  meeting  in  Charlotte  on  May  20th,  they  adjourned, 
confident  of  success.'*^  Later  events  rendered  the  adjourned 
meeting  unnecessary  and  the  call  was  withdrawn.  A  vigorous 
campaign  was  carried  on  for  the  next  three  weeks,  and  ap- 
parently with  results. 

Then  the  agony  of  doubt  ended.  Sumter  fell  and  the  Presi- 
dent's call  for  troops  followed.  Governor  Ellis  was  notified 
by  the  Secretary  of  War  that  a  call  had  been  made  on  him  for 
two  regiments  for  immediate  service.  The  Governor  at  once 
replied : 

"Raleigh,  April  15. 
"To  the  Secretary  of  War : 

"Your  dispatch  is  received,  and  if  genuine  (which  its  extra- 
ordinary character  leads  me  to  doubt,)  I  have  to  say  in  reply 
that  I  regard  a  levy  of  troops  for  the  purpose  of  subjugating 
the  States  of  the  South,  as  in  violation  of  the  Constitution  and 
a  usurpation  of  power. 

"I  can  be  no  party  to  this  wicked  violation  of  the  laws  of  the 
country,  and  to  this  war  upon  the  liberties  of  a  free  people. 
You  can  get  no  troops  from  North  Carolina. 

"John  W.  Ellis, 
Governor  of  North  Carolina.  *® 

Two  days  later  he  summoned  the  legislature  to  meet  in 
extra  session.     Immediately  upon  the  call  for  troops  he  had 

45  Wilmington  Jouraal,  March  27,  1861. 

46  Executive  Letters,  Ellis,  p.   394. 


24 


RECONSTRUCTION   IN   NORTH   CAROUNA. 


ordered  the  seizure  of  the  forts.  Fort  Macon  had  already  been 
taken  without  orders.  Those  on  the  Cape  Fear  were  captured 
by  the  Wilmington  Light  Infantry,*^  and  the  Fayetteville  Arse- 
nal was  occupied,  without  resistance  being  made,  by  Warren 
Winslow  with  a  force  of  militia.^^ 

L.  P.  Walker,  the  Confederate  Secretary  of  War,  at  once 

asked  Governor  Ellis  to  send  a  regiment  to  Virginia  and  this 

was  promised  within  a  few  days.^^    The  governor  at  once  called 

for  30,000  volunteers,  and  a  camp  of  instruction  was  established 

at  Raleigh.^^     These  acts  placed  North  Carolina  in  the  same 

category  with  the  other   Southern   States,    and    consequently 

President  Lincoln  on  April  27th  declared  her  ports  blockaded. ^^ 

The   Union   newspapers   had   now   given  up   the  fight,   the 

Register  saying,  "It  is  the  part  of  prudence  and  of  common 

sense  to  look  at  things  as  they  are  and  not  as  we  would  wish 

them  to  be.    We  believe  that  Abraham  Lincoln  is  about  to  wage 

war  of  coercion  against  these  States.     We  believe  that  in  this 

I    war  the  remaining  slaveholding  States  will  be  involved,  and 

I   we  shall  be  found  on  the  side  of  the  section  in  which  we  were 

I  born  and  bred  and  in  which  live  our  kindred,  connections  and 

\  friends.     If  this  makes  us    secessionists,    then    let    us  be  so 

\called."  ^^    The  Standard,  also,  acknowledged  the  necessity  for 

War  but  was  very  lukewarm  at  first.    Later,  it  became  exceed- 

mgly  warlike  in  tone.^^ 

47  Off.   Rec,  No.    1,  pp.    476-8. 

48  Ibid.,  p.  479. 

49  Ibid.,  pp;   486-7. 

50  Governor's  message,  Extra  session  of  1861 . 

51  McPherson,  History  of  the  Rebellion,  p.  149. 

52  April  17,  1861. 

53  Until  the  call  for  troops,  the  position  of  the  newspapers  of  the 
State  on  the  question  of  secession  was  as  follows :  For  secession,  Ra- 
leigh State  Journal,  Wilmington  Journal,  Fayetteville  Carolinian,  Mur- 
freesboro  Citizen,  Elizabeth  City  Pioneer,  Asheville  News,  Salisbury 
Banner,  Charlotte  Bulletin,  Charlotte  Democrat,  Goldsboro  Tribune, 
Goldsboro  Rough   Notes,   Shelby   Eagle,  Warrenton  News,  Washington 


RECONSTRUCTION   IN   NORTH   CAROI.INA.  25 

The  Council  of  State  met  April  23rd  and  passed  resolutions 
approving  the  action  of  Governor  Ellis  in  taking  possession  of 
the  forts,  and  ratifying,  by  their  approval,  his  reply  to  Secre- 
tary Cameron.  They  requested  him  to  call  out  troops  not  to 
exceed  5,000  to  drill  and  be  prepared  for  public  defence  in  any 
emergency.^* 

The  General  Assembly  met  May  ist.  The  governor's  mes- 
sage gave  an  account  of  his  actions  and  advised  the  calling  of 
a  convention  with  full  powers,  as  the  people  were  known  to 
have  but  one  opinion  as  to  the  course  to  be  pursued.  Within 
less  than  two  hours  the  House  passed,  unanimously,  a  bill  call- 
ing an  unlimited  convention.^^  In  the  Senate,  the  House  bill  ^ 
was  immediately  passed.  Jonathan  Worth,  L.  Q.  Sharpe  an^  G^yVxt*) 
Tnsiah  Turner  vntpr|  na-v  They  based  their  opp05iti6n  on"  the 
short  time  given  for  a  canvass,  and  the  fact  that  the  action  of 
the  convention  would  not  be  submitted  to  the  people.^®  The 
same  day  Governor  Ellis  issued  a  proclamation,  calling  an 
election  for  delegates  to  be  held  May  17th,  and  calling  the  con- 
vention to  meet  May  20th. 

Before  the  convention  bill  was  passed  the  governor  was  au- 
thorized to  send  troops  to  Virginia,  without  limit  as  to  number. 
The  legislature  then  turned  its  attention  to  war  preparations. 

Times,  Tarboro  Mercury,  Winston  Western  Sentinel,  Wilson  Ledger' 
Tarboro  Southerner,  and  Hillsboro  Plaindealer,  all  Democratic;  th( 
Wilmington  Herald,  Albemarle  Southron,  Charlotte  Whig,  Milton  Chron 
icle,  Western  Carolinian,  all  Whig  and  the  New  Bern  Progress,  Concor(3 
Flag,  Raleigh  Leisure  Hour,  all  independent.  Against  secession,  the  Ra 
leigh  Standard  and  Raleigh  Banner,  Democratic,  and  the  followin| 
Vvhig  papers:  Raleigh  Register,  Fayetteville  Observer,  Salisbury  Watch 
man,  Greensboro  Patriot,  Iredell  Express,  Washington  Dispatch,  Kins 
ton  Advocate,  Hendersonville  Times,  Salem  Press,  Ashe  Spectator 
Wadesboro  Argus,  and  the  Hillsboro  Recorder.  After  the  call  for 
troops  all  were  for  war. 

54  Records  of  the  Council  of  State,  p.  81. 

55  p.  T.  Henry  voted  affirmatively  with  a  protest. 
59  State  Journal,  May  8,  1861. 


26  RECONSTRUCTION   IN   NORTH   CAROUNA. 

Franklin  J.  Moses  was  again  present  and  was  given  the  freedom 
of  the  floor.^^  A  vote  of  thanks  to  Governor  ElHs  for  his 
promptness  in  preparing  for  war  was  passed,  receiving  only 
two  negative  votes.^^  Acts  were  passed  making  it  unlawful 
to  administer  the  oath  to  support  the  Constitution  of  the  United 
States,  providing  for  the  manufacture  of  arms  at  the  Fayette- 
ville  Arsenal  and  appropriating  $200,000  for  the  purpose,  au- 
thorizing the  governor  to  appoint  a  commissioner  near  the  gov- 
ernment of  the  Confederate  States,""^*^  authorizing  the  governor 
to  enroll  10,000  State  troops,  declaring  North  Carolina  free 
from  liability  for  the  Federal  debt  incurred  after  March  4, 
1 86 1,  authorizing  the  governor  to  accept  20,000  twelve  months' 
volunteers  and  to  arm  and  equip  them  and  to  offer  a  bounty  of 
$10  to  each,  authorizing  the  governor  to  commission  with  equal 
rank,  officers  of  the  army  and  navy  of  the  United  States,  who 
resigned  to  enter  the  service  of  the  State,  appropriating  $5,- 
000,000  for  public  defence,  defining  and  providing  for  the  pun- 
ishment of  treason  against  the  State,  and  providing  for  a  stay 
in  the  execution  of  judgments  in  civil  suits.^^ 

Before  the  legislature  met,  it  had  been  suggested  that  it 
should  pass  a  declaration  of  secession  and  submit  it  to  the  peo- 
ple as  a  constitutional  amendment.  This,  however,  was  very^ 
generally  opposed. ^^  But  in  the  Senate  Mr.  Turner  introducec 
a  declaration  of  independence  from  the  United  States.  It  w^sj 
of  course,  an  effort  to  bring  the  proceedings  of  the  majority 
into  ridicule,  and  was  not  considered. 

The  campaign  for  the  convention  was  void  of  any  particular 

\  interest.  The  issue  was  no  longer  ''Union  or  Disunion,"  nor  a 

discussion  as  to  the  right  and  propriety  of  secession,  but  simply 

57  Journal  of  the  General  Assembly,  May  1,  1861. 

58  Josiah  Turner  and  Alfred  Dockery  in  the  Senate  voted  against  this 
resolution. 

59  Thomas  L.   Clingman  was  appointed  commissioner  and  visited  the 
Confederate  Congress. 

60  These  acts  are  to  be  found  in  the  Laws,  First  Extra  Session,  1861 . 

61  Western  Democrat,  April  30,  1861 . 


RECONSTRUCTION  IN   NORTH   CAROLINA.  27 

should  North  CaroHna  go  with  the  North  or  with  the  South."^ 
On  this  the  result  was  assured,  and  not  a  person  in  the  State 
advo^at^d  nn3rthing  but  poprirntion.  The  cause  of  the  South 
was  regarded  as  the  cause  of  North  Carolina.^^  Quite  a  num- 
ber of  the  old  Union  men  declined  to  be  candidates,  not  caring 
to  take  part  in  the  act  of  separation,  but  they  advocated  a  vig- 
orous preparation  for  war,  and  war  itself,  if  the  existing  con- 
ditions should  continue. 

4.  Secession  and  War. 

The  convention  assembled  in  Raleigh  May  20th,  a  day  mem- 
orable in  North  Carolina  as  the  anniversary  of  the  Mecklen- 
burg Declaration  of  Independence.  The  delegates  now,  regard- 
less of  their  opinion  on  the  right  of  secession,  were  resolved  on 
separation.     The  only  issue  was  how  it  should  take  place. 

The  body,  as  assembled,  was  probably  the  ablest  and  most 
distinguished  in  the  history  of  the  State.  The  reason  for  this 
is  simple.  The  gravity  of  the  situation  made  the  people  forget 
party  and  elect  their  most  trusted  men  regardless  of  differences 
in  political  opinion,  and  so  the  best  men  of  both  parties  were 
chosen.  In  many  counties  a  delegate  was  chosen  from  each 
party.  The  lights  of  the  old  Whig  party,  obscured  by  uninter- 
rupted Democratic  success,  again  appeared  in  political  position. 
In  fact,  the  Whigs  were  in  the  majority  in  the  convention. 
And  of  the  Democrats,  the  majority  had  been  opposed  to  seces- 
sion before  the  call  for  troops. 

Probably  the  most  influential  of  the  leaders  In  the  convention 
were  George  E.  Badger,  Thomas  Ruffin,  William  A.  Graham 
and  Weldon  Edwards.  Among  the  other  prominent  men  were 
Asa  Biggs,  David  S.  Reid,  William  Johnston,  Warren  Winslow, 
Bedford  Brown,  W.  W.  Holden^  Kenneth  Rayner,  R.  P.  Dick, 

62  Western  Democrat,  April  22,  1861. 

63  This  feeling  is  particularly  noticeable  in  the  speeches  and  letters  of 
men  of  the  type  of  W.  A.  Graham,  George  E.  Badger  and  Jonathan 
Worth. 


28  RECONSTRUCTION   IN   NORTH   CAROLINA. 

Burton  Craige,  George  Howard  arid  John  A.  Gilmer.®*  Five 
members  of  the  convention  had  also  beeiTUeteg^tes  in  1835.®' 
The  convention  organized  by  the  election  of  president.  Wel- 
don  Edwards  and  William  A.  Graham  were  placed  in  nomina- 
tion. The  election  was,  in  a  sense,  a  test  of  the  strength  of  the 
two  elements  composing  the  convention,  which  may  be  called 
for  convenience  the  secessionists  and  the  revolutionists.     The 


64  An  idea  of  the  prominence  of  the  group  above  named  can  be  gained 
from  the  positions  they  had  filled.  Mr.  Badger  had  been  a  member  of 
the  House  of  Commons,  Superior  Court  Judge,  United  States  Senator, 
and  Secretary  of  the  Navy.  He  was  nominated  for  the  U.  S.  Supreme 
Court,  but  failed  of  confirmation.  Thomas  Ruffin  had  been  member 
and  speaker  of  the  Commons,  Superior  Court  Judge,  president  of  the 
State  Bank,  Chief  Justice  of  the  Supreme  Court,  and  a  member  of  the 
Peace  Conference.  W.  A.  Graham  had  been  member  and  Speaker  of 
iiie  Commons,  State  Senator,  U.  S.  Senator,  Governor,  and  Secretary 
of  the  Navy.  He  was  the  Whig  candidate  for  Vice-President  in  1856. 
Weldon  Edwards  had  been  a  member  of  Congress,  State  Senator,  and 
for  many  terms  Speaker,  a  member  of  the  Convention  of  1835 .  Asa 
Biggs  had  been  a  member  of  the  Commons  and  Senate,  a  member  of  the 
Convention  of  1835,  member  of  Congress,  U.  S.  Senator,  and  U.  S.  Dis- . 
trict  Judge.  David  S.  Reid  had  been  State  Senator,  member  of  Con- 
gresis.  Governor,  and  U.  S.  Senator.  William  Johnston  was  promi- 
nent as  a  railroad  president  and  business  man.  He  received  every  vote 
in  Mecklenburg  County  as  a  delegate.  Warren  Winslow  had  been 
kiTDeaker  of  the  Senate,  Governor  ex  officio,  and  a  member  of  Congress. 
Bedford  Brown  had  been  a  member  of  the  Commons,  Speaker  of  the 
Senate,  and  U.S.  Senator.  W.  W.  Holden  had  been  a  member  of  the 
Commons.  Kenneth  Rayner  had  been  a  member  of  the  Convention  of 
1835,  member  of  the  Commons  and  Senate,  and  member  of  Congress. 
R.  P.  Dick  had  been  U.  S.  District  Attorney.  Burton  Craige  had 
been  a  member  of  the  Commons  and  of  Congress.  George  Howard  had 
]>een  prominent  as  an  editor  and  was  a  Superior  Court  Judge.  John 
A.  Gilmer  had  been  State  Senator  and  member  of  Congress.  He  was 
the  Whig  candidate  for  Governor  in  1854,  but  was  defeated.  He  de- 
clined the  Treasury  portfolio  in  President  Lincoln's  Cabinet. 

65  Besides  those  mentioned  in  the  note  immediately  preceding,  E .   T . 
Brodnax  and  W.    F.   Leak. 


RECONSTRUCTION   IN   NORTH   CAROI.INA.  29 

former  won,  and  Mr.  Edwards  was  elected  by  a  vote  of  65  to 
his  opponent's  48.  As  soon  as  he  had  taken  the  chair  Mr. 
Badger  presented  a  paper  for  consideration.  It  was  not  read 
at  the  time  but  postponed)  until  complete  organization  should  be 
effected.  After  this  had  been  completed  the  president  read  a 
communication  from  F.  J.  Moses,  commissioner  from  South 
Carolina,  to  present  her  ordinance  and  to  invite  the  co-operation 
of  North  Carolina.  He  was  received  by  the  convention  and 
made  a  most  patronizing  speech,  welcoming  the  prospects  which 
he  saw  for  North  Carolina's  joining  in  the  cause  of  the  South. ^^ 

Mr.  Badger's  paper  was  then  read  to  the  convention.  It 
was  an  elaborate  review  of  the  condition  of  the  country  and 
the  causes  which  made  separation  necessary,  and  it  provided 
for  separation  by  means  of  revolution,  without  any  mention 
of  secession  in  the  applied  meaning  of  the  word. 

Mr.  Craige  then  offered  as  a  substitute  an  ordinance  which 
had  been  prepared  by  Judah  P.  Benjamin  and  which  he  intro- 
duced at  the  request  of  Governor  Ellis. ^^     It  was  as  follows: 

66  state  Journal,  May  22,  1861 . 

66a The  following  is  a  summary  of  the  Badger  ordinance:  The  pream- 
ble asserts^ — 

1.  That  Lincoln  and  Hamlin  were  chosen  by  a  sectional  party,  hos- 
tile to  Southern  institutions. 

2.  That  North  Carolina,  though  aggrieved  thereby,  declined  to  join 
the  States  first  seceding,  but  being  ardently  attached  to  the  Union,  re- 
mained therein,  hoping  that  what  was  threatening  might  be  removed 
and  guarantees  for  the  security  of  her  rights  be  given,  in  the  mean- 
time exerting  her  influence  for  the  accomplishment  of  these  ends. 

3.  While  indulging  this  hope  President  Lincoln  called  on  the  States 
for  troops  to  invade  the  seceding  States,  in  order  to  subject  them  to 
military  authority;  that  there  was  no  act  of  Congress  authorizing  such 
call,  and  that  such  act,  if  passed,  would  be  unconstitutional. 

4.  The  call  was  answered  with  enthusiasm  throughout  the  non-slave- 
holding  States. 

5.  It  is  evident  from  the  tone  of  the  press  of  those  States  and  the 
avowal  of  their  public  men,  that  their  "government  and  people  intend 
to  wage  a  cruel  war  against  the  seceded  States,  to  destroy  utterly  the 
fairest  portion  of  their  continent,  and  to  reduce  its  inhabitants  to  abso- 
lute subjection  and  abject  slavery." 


30  RECONSTRUCTION   IN   NORTH   CAROI.INA. 

"An  ordinance  dissolving  the  union  between  the  State  of 
North  CaroHna  and  the  other  States  united  with  her  under  the 
compact  of  government  entitled  'The  Constitution  of  the  United 
States.' 

''We,  the  people  of  the  State  of  North  Carolina,  in  conven- 
tion assembled,  do  declare  and  ordain,  and  it  is  hereby  declared 
and  ordained,  that  the  ordinance  adopted  by  the  State  of  North 
Carolina  in  the  convention  of  1789,  whereby  the  Constitution  of 
the  United  States  was  ratified  and  adopted,  and  also  all  acts 
and  parts  of  acts  of  the  General  Assembly,  ratifying  and  adopt- 
ing amendments  to  the  said  Constitutiori,  are  hereby  repealed, 
rescinded,  and  abrogated. 

We  do  further  declare  and  ordain  that  the  union  now  sub- 

C.  President  Lincoln,  without  shadow  of  rightful  authority,  has  de- 
clared the  ports  of  North  Carolina  as  well  as  all  the  other  Atlantic  and 
Gulf  States,  under  blockade,  thus  seeking  to  cut  off  her  trade  with  all 
parts  of  the  world. 

7.  The  whole  conduct  and  words  of  said  Lincoln  have  been  false, 
disingenuous  and  treacherous. 

8.  Inat  he  is  governing  by  military  rule  alone,  increasing  army  and 
navy  without  authority,  and  setting  aside  constitutional  and  legal  re- 
straints. 

9.  His  "unconstitutional,  illegal  and  oppressive  acts,"  his  "wicked 
and  diabolical  purposes,"  and  his  "position  of  usurper  and  military  dic- 
tator" were  sustained  by  the  non-slaveholding  States. 

Therefore  this  convention,  in  the  name  and  with  the  sovereign  power 
of  the  people  of  North  Carolina  declare — 

1st.  All  connection  of  government  between  this  State  and  the  United 
States,  dissolved  and  abrogated,  and  this  State  to  be  a  free,  sovereign, 
and  independent  State,  owing  no  subordination,  obedience,  support  or 
other  duty  to  them,  their  constitution,  or  authorities. 

2nd.  That  "this  State  has  full  power  to  levy  war,  conclude  peace, 
contract  alliances,  and  do  all  other  actsi  and  things  which  independent 
States  may  of  right  do." 

3rd.  "Appealing  to  the  Supreme  Governor  of  the  world  for  the  jus- 
tice of  our  cause,  and  beseeching  Him  for  His  gracious  help  and  bless- 
ing, we  will  to  the  uttermost  of  our  power,  and  to  the  last  extremity, 
maintain,  defend,  and  uphold  this  declaration." 

This  summary  is  taken  from  Dr.  K.  P.  Battle's  monograph.  Legisla- 
tion of  the  Convention  of  1861. 


RECONSTRUCTION   IN   NORTH   CAROI^INA.  3I 

sisting  between  the  State  of  North  CaroHna  and  the  other 
States,  under  the  title  of  'The  United  States  of  America,'  is 
hereby  dissolved,  and  that  the  State  of  North  Carolina  is  in  full 
possession  and  exercise  of  all  those  rights  of  sovereignty  which 
belong  and  appertain  to  a  free  and  independent  State."  ^^ 

An  attempt  to  have  the  convention  sit  with  closed  doors 
failed.  Judge  Ruffin  then  introduced  a  resolution  declaring 
it  the  sentiment  of  the  convention  that  the  State  should  sever  its 
connection  with  the  United  States  and  join  the  Confederacy, 
and  referred  the  whole  question  of  the  means  which  should 
be  employed  to  a  committee  which  should  be  instructed  to 
consider  the  matter  and  report  a  suitable  ordinance.  The  min- 
ority in  the  convention,  with  possibly  a  very  few  exceptions, 
were  as  thoroughly  convinced  as  the  majority  that  separation 
was  necessary,  and  under  existing  circumstances,  desirable. 
But  they  were  not  prepared,  except  as  a  last  resort,  to  give  their 
assent  to  the  doctrine  of  secession,  the  right  of  which  had  been 
utterly  denied  by  many  of  them.  They  believed  that  the  time 
had  fully  come  for  revolution,  and  their  contention  was  that 
the  convention  ought  to  ignore  any  question  of  secession  and 
pass  an  ordinance  which  would  not  be  a  constitutional,  but 
simply  a  revolutionary  act.  But  the  majority  of  the  convention 
were  secessionists  now,  whatever  their  belief  had  been  in  the 
past,  and  they  would  not  hear  of  the  plan,  nor  would  they  sub- 
mit to  any  delay.  Mr.  Badger's  ordinance  was  stricken  out 
by  a  vote  of  72  to  40.  HeSt  uiiLtieft  the  hall  and  went  home."^*^ 
Judge  Ruffin,  still  hoping  to  alter  the  Craige  ordinance,  moved 
to  amend  it  so  that  it  would  be  a  simple  declaration  of  the  dis- 

67  The  ordinance  was  brought  to  Raleigh  from  Montgomery  by  James 
Hines,  a  North  Carolinian,  and  delivered  to  Gov.  Ellis,  who  asked  Mr. 
Craige,  the  member  from  his  county,  to  introduce  it. 

68  Convention  Journal,  p .    13 .         eo  State  Journal,  May  22,  1861 . 

70  A  member  of  Mr.    Badger's   family  relates  that  after  his  return 
home,  he  was  seated  at  the  dinner  table  when  the  ringing  of  the  capi- 
tol  bell  announced  secession.     Mr     T^f>HgrP^*  TPii=^*"^   ^''°   ^''"'^   """^    Sljl^'^j, 
"The  death  knell  of  slavery." 


32  RECONSTRUCTION   IN   NORTH   CAROUNA. 

solution  of  the  union  existing  between  North  CaroHna  and  the 
Other  States.  Mxj  Rayner^aid  that  it  made  Httle  difference  to 
him  personally  what  kind  of  ordinance  was  adopted,  but  that 
he  thought  something  was  due  the  secessionists  and  South 
Carolina.  This  was  the  opinion  of  the  majority,  for  the  reso- 
lution was  defeated. "^^  The  Craige  ordinance  was  then  passed 
receiving  the  vote  of  every  delegate  present,  one  hundred  and 
fifteen  in  all.  ivj^r.  Graham  as  he  voted,  said  that  in  so  doing, 
he  waived  all  further  question  of  the  right  of  secession.  Judge^ 
R|;ffin,  foi:^Jiiost  of  his  life,  probably  the  staunchest  believer  in 
\^^'*    and  supporter  of  thenjmgn^jn  the  cdhvHiTTdi^^^  a 

<5       halter  were  about  Ws  neck  he  would  still  vote  aye."^^ 

The  announcement  of  the  vote  was  received  with  great  ap- 
plause on  the  floor  and  in  the  galleries,  and  the  bell  on  the 
Capitol  was  the  signal  for  a  roar  of  salutes  which  followed  from 
the  military  companies  in  the  Capitol  Square  and  all  over  Ral- 
eigh. When  quiet  was  restored  the  convention,  on  motion  of 
Mr.  Leak,  cheered  South  Carolina  vigorously. '^^ 

An  ordinance  was  then  introduced  ratifying  the  Constitu- 
tion of  the  Provisional  Government  of  the  Confederate  States 
and  signifying  North  Carolina's  willingness  to  join  the  Con- 
federacy. An  attempt  to  submit  the  ordinance  to  the  people 
for  ratification  failed,  and  it  passed  unanimouslv.  A  resolution 
ratifying  the  permanent  institution  of  the  Confederacy  was 
referred  to  a  committee  and  the  convention  adjourned  for  the 
day.  Its  action  excited  the  wildest  enthusiasm  throughout  the 
State.  Secession  had  been  an  assured  fact,  but  no  one  had 
dreamed  of  its  receiving  a  unanimous  vote."^* 

71'! he  vote  on  Judge  Ruffin's  resolution  was  49  yeas  to  66  nays. 

72  State  Journal,  May  22,  1861.  73  ibid.,  May  22,  1861. 

74  Mr.  irlolden  said  four  years  later  that  he  only  voted  for  the  seces- 
sion ordinance  because,  if  he  had  not  he  would  have  been  hung  in  the 
Capitol  Square  by  order  of  Gov.  Ellis,  or  forced  to  leave  the  State, 
-ti-part  from  anything  else  to  the  contrary,  the  fact  that  no  demonstra- 
tion was  made  hostile  or  discourteous  to  Mr.  Badger,  proves  the  falsity 
of  his  belief. 


J^ 


RE:C0NSTRUCTI0N  in   north   CAROIvINA.  33 

The  following  day,  when  Mr.  Badger  returned  to  the  con- 
vention, he  asked  leave  to  have  his  name  recorded  as  voting 
for  the  secession  ordinance,  saying,  at  the  same  time,  that  he 
objected  to  the  wording  of  the  ordinance,  and  utterly  repudi- 
ated any  belief  in  the  right  of  secession."^^  That  night,  in  the 
presence  of  a  large  and  enthusiastic  body  of  spectators,  the 
enrolled  ordinance  of  secession  was  signed  by  one  hundred 
and  twenty  delegates,  the  full  membership  of  the  convention. 
The  first  act  v/as  completed,  the  reversal  of  which  was  only  to 
be  accomplished  by  four  long  years  of  war  with  its  attendant 
bitterness,  sorrow,  privation  and  misery  of  every  sort.  But 
at  the  time  no  thought  of  this  was  present.  There  was  sincere 
regret  at  separation  from  the  Union  which  had  been  cherished 
to  the  last;  but  rejoicing  at  freedom  from  conditions  which 
had  long  been  irksome,  and  martial  excitement  were  domi- 
nant, and  casting  regret  behind  all  now  turned  their  attention 
to  preparation  for  the  war.  Regarding  this  there  seems  to 
have  been  little  doubt  in  the  public  mind  of  the  ultimate  success 
of  the  South,  but  very  few  deceived  themselves  with  the  belief 
that  the  contest  would  be  a  campaign  simply  of  one  summer. 

Copies  of  the  ordinance  of  secession  and  the  ratifying  ordi- 
nance were  sent  to  President  Davis  by  the  convention,  and  on 
May  27th  North  Carolina  was  proclaimed  a  member  of  the 
Confederacy.  June  6th  an  ordinance  was  passed,  ratifying  the 
permanent  constitution  of  the  Confederate  States.  This 
ordinance  was  not  ratified  until  June  19th.  The  conven- 
tion was  much  criticised  for  its  delay  in  ratification. 
Under  the  lead  of  W.  A.  Graham,  assisted  by  R.  P. 
Dick  and  Kenneth  Rayner,  a  strong  fight  was  made  against 
immediate  action.  Mr.  Graham  preJerr^  tbaf  fbp  State 
should     ^cr ~  in-  4ier^_s0W  ..,.^io^.-,^j^5in. 

any  Confederacy  at  that  time.    Judge  Ruffig^and  Mr,  .B.^dget" 
'^-  -iredininTgdmte-  ratificatioTTr"'irfi?gUcussion  at  times  became 

75  state  JmiraalTMay"  2Sr;  18^^^^^ 


34  RECONSTRUCTION   IN   NORTH   CAROLINA.     y'A 

somewhat  heated,  particularly  between  Mr.  Graham  and  Mr. 

Badger.     Parly, spjrit  too  became  apparent. '^'^     An  ordmance 

det^Tarmg  the  right  of  secession  for  cause  was  introduced  and 
debated  but  never  finally  acted  on."^^  In  the  meantime  the  con- 
vention had  begun  the  transfer  to  the  Confederacy  of  the  forts 
and  arsenals  within  the  borders  of  the  State. 

During  the  first  session  the  convention  passed  in  all  thirty- 
five  ordinances.  These  were  of  m.ore  or  less  importance,  but 
it  seems  that  the  convention  after  the  first  day  spent  time  in 
discussion  far  out  of  proportion  to  the  amount  of  legislation 
accomplished.  This  was  in  part  due  to  the  large  number  of 
lawyers  and  political  leaders  in  the  body.  Besides  the  ordi- 
nances already  mentioned  its  work  included  acts  defining  trea- 
son against  the  State,^^  postponing  the  next  session  of  the 
legislature  from  June  25th  to  August  I5th,^^  relieving  volun- 
teers from  the  payment  of  poll  tax,^^  securing  to  the  citizens 
of  the  State  who  were  in  the  military  service  of  the  State  or 
the  Confederacy  the  right  to  vote,^^  and  appropriating  the  sum 
of  $3,200,000  to  meet  the  demands  on  the  treasury  for  the  next 
two  years. ^^ 

The  convention  elected  a  full  delegation  to  the  Provisional 
Congress  of  the  Confederacy.     The  ''old  UniQii-J^ft€ft^-hgra~^'^  | 
caucus,^_presided  over  by  W.  A.  Graham,  aniinominated-.canr^r*') 
didates,^^  but  the  m^d'ep^fidenTvote  decided  the  election  and  the 


76  Speaking  of  party  spirit,  Judge  Rufl&n  said,  "Let  us  no  longer  talk 
of  being  secessionists  now  or  Union  men  now,  for  we  are  all  secession- 
ists from  Northern  tyranny  and  Union  men  for  the  Southern  Confed- 
eracy." 

•^7  Journal,  p.   74. 

78  Ordinances,  p.  7. 

70  Ibid.,  p.  7.  This  caused  much  dissatisfaction,  as  did  a  proposition 
to  dissolve  the  General  Assembly. 

80  Ibid.,  p.  35. 

81  Ibid.,  pp.   40-1. 
82lDid.,  pp.   42-6. 

83 Battle,  Legislation  of  the  Convention  of  1861,  p.   126. 


imCONSTRUCTlON   IN   NORTH   CAROLINA.  35 

delegates  were  chosen  from  both  of  the  old  parties.**  After 
this  the  convention  adjourned  on  June  28th  to  meet  the  follow- 
ing November,  unless  sooner  called  by  its  president.^^ 

In  the  meantime  the  State  was  making  every  effort  in  prep- 
aration for  the  war.  Volunteering  was  still  going  on  with 
no  sign  of  any  decrease.  It  is  not  the  purpose  of  this  study 
to  enter  into  military  history.  But  a  more  accurate  view  of 
internal  conditions  can  be  obtained,  if  it  be  mentioned  that  by 
August,  1862,  the  State  had  furnished  to  the  military  service 
of  the  Confederacy  64,636  volunteers.  By  November,  1864, 
21,608  had  been  added  to  this  number.  Before  the  end  of  the 
war  she  furnished  also,  21,343  conscripts,  9,893  reserves,  3,203 
State  troops,  3,117  detailed  men,  and  3,100  serving  in  regiments 
from  other  States,  making  a  total  of  over  126,000.  Besides  this 
several  thousand  Home  Guards  were  in  service.  This  was 
one-sixth  of  the  Confederate  army.^^  Her  military  population 
was  115,369.*^  North  Carolina  also  furnished  to  the  Union 
arrny  3,146  whit£^;infi  57<^^  c^ffTttt Wfttfr-  "Rut  of  the  latter 
1,781,  enlisted  in  1864,  were  credited  to  several  Northern  States 
to  fill  out  their  quota  for  the  draft.*^  Of  the  higher  officers  in 
the  military  service  of  the  Confederacy  the   State  had  two 

84  The  delegates  were  as  follows:  For  the  State-at-large,  George  Davis 
and  W.  W.  Avery.  For  the  districts,  W.  N.  H.  Smith,  Thomas  Ruf- 
fin  (of  Wayne),  Thomas  D.  McDowell,  Abram  Venable,  John  M.  More- 
head,  R.  C.  Puryear,  Burton  Craige,  and  A.  T.  Davidson.  Avery, 
Kuffin,  Ciaige,  Venable,  and  McDowell  were  Democrats  and  original 
secessionists.  The  rest  of  the  delegates  were  Whigs.  Davis  had 
favored  secession  since  the  close  of  the  Peace  Conference. 

85  A  committee,  consisting  of  W.  A.  Graham,  Thomas  Ruffin,  J.  W. 
Osborne,  and  Asa  Biggs,  was  empowered  to  summon  it  in  the  event  of 
the  death  of  the  president. 

86  N.  C.  Regimental  History,  Vol.  V,  p.  1. 

87  Report  of  Committee  N.  C.  Lit.  and  Hist.  Asso.,  1904. 

88  Off.  Rec,  No.  126,  pp.   116  et  seq. 


36  RECONSTRUCTION  IN  NORTH  CAROLINA. 

lieutenant  generals,^^  seven  major  generals,^^  and  twenty-six 
brigadier  generals.^^ 

Governor  Ellis  died  in  July  in  Virginia  where  he  was  trying 
to  recuperate  after  the  severe  strain  of  the  preceding  months. 
He  was  succeeded  by  HenryJT.  Clark,  Speaker  of  the  Senate. 

The  General  Assembly  met  in  August.  It  spent  iiiost  of  the 
session  arguing  against  the  assumption  of  power  by  the  con- 
vention. An  attempt  was  made  to  submit  to  the  people  the 
question  as  to  whether  the  convention  should  meet  again.  This, 
naturally,  was  unsuccessful.  The  General  Assembly  finally  ad- 
journed in  September,  after  a  session  of  more  than  a  month.       \ 

The  early  battles  of  the  war  produced  intense  enthusiasm,  s^ 
often  out  of  proportion  to  their    importance.     The    fight  at  C^ 
Bethel,  for  example,  was  hailed  as  a  great  victory  and  caused    ^ 
more  rejoicing  than  some  of  the  later  successes  of  infinitely   rs^ 
greater  importance.     But  hardship*:;  ^^9Vl  h^^'Pjr^^      By  the  au 


.\ 


tumn  of  1861  prices  were  rising  and  speculation  in  the  neces-  \ 
saries  of  life  commencing.     And  at  the  same  time  appeared  a       \ 
bitter  party  spirit,  which  now,  above  all  times,  should  have      A^ 

beefi  absent, id^Ity  feeling,  alway^s'liifenieTn'lTie" S^afCj^had  >o- 

never  been  more  so  than  in  the  period  which  now  followed.  \^ 

89  T.  H.  Holmes  and  D.  H.  Hill.  General  Hill's  nomination  was 
never  sent  to  the  Senate  for  confirmation. 

90 W.  H.  C.  Whiting  (killed),  Robert  Ransom,  Wm.  D.  Pender 
(killed),  Robt.  F.  Hoke,  S.  D.  Ramseur  (killed),  J.  F.  Gilmer,  and 
Bryan  Grimes. 

91 R.  C.  Gatlin,  L.  O'B.  Branch  (killed),  J.  J.  Pettigrew  (killed), 
Geo.  B.  Anderson  (killed),  J.  G.  Martin,  T.  L.  Clingman,  Ja».  Daniel 
(killed),  Jas.  H.  Lane,  John  R.  Cooke,  R.  B.  Vance,  A.  M.  Scales, 
M.  W.  Ransom,  L.  S.  Baker,  W.  W.  Kirkland,  R.  D.  Johnston,  Jas. 
B.  Gordon  (killed),  W.  R.  Cox  (temporary),  T.  F.  Toon  (temporary), 
W.  G.  Lewis  (temporary),  Rufus  Barringer,  John  D.  Barry  (tem- 
porary), A.  C.  Godwin  (killed),  Wm.  McRae,  C.  Leventhorpe,  Gabriel 
Rains,  and  W.  P.  Roberts.  Generals  Hill,  Cooke,  and  Whiting  were 
not  natives  of  the  State.  Generals  Bragg,  Polk,  Wilcox,  Zollicoffer, 
and  McCullough  were  natives  of  North  Carolina,  but  were  appointed 
from  other  States. 


RECONSTRUCTION  IN   NORTH   CAROI.INA.  37 

V.  War  Politics  and  the  Peace  Movement. 

Party  spirit  slept,  or  more  properly,  appeared  to  sleep,  only 
a  short  time  after  May  20th.^-  Reference  has  already  been 
made  to  the  caucus  held  by  the  ''Union  men"  during  the  first 
session  of  the  convention.  This  was  held  at  the  residence  of 
Mr.  Holden,  and  the  Standard  was  the  recognized  organ  of 
the  faction,  which  was  soon  to  assume  a  party  name.  Mr.  Hol- 
den's  attacks  upon  Governor  Ellis  ceased  for  a  short  time  after 
secession,  but  were  soon  renewed  with  increased  bitterness. 
His  paper  from  beinj[  yeryJjLikewaj:m- towards  the -Confederacy 
had  become,  TSy"this-.time,  a ppa rently^,  a  .siroirig .  supporter  of  it 
and  was  most-vialent-agai»st-the-North.  But  in  the  State 
administration  it  found  no  good.  Governor  Ellis'  military  ap- 
pointments were  sharply  criticised,  and  this  led  to  a  newspaper 
war  that  lasted  to  the  close  of  actual  hostilities,  and  in  fact, 
during  the  whole  period  of  Reconstruction,  with  one  shorts 
tru^e.  The  hatreds- "aroused' at  this  time  materially  influenced 
the  histoTjrof  the  State  for  the  next  ten  years.  Bitterness,  how- 
ever, was  by  no  means  confined  to  Mr.  Holden  or  those  who 
acted  with  him.  He  was  hated  by  the  Democrats,  who  felt  'f^^^i 
that  he  had  deserted  them,  and  distrusted  by  as  many  Whigs 
for  the  same  reason. 

The  opposition  to  the  war  party  was  quiet  at  first  but  grew 
steadily.  By  a  combination  with  the  friends  of  William  T. 
Dortch  the  opposition  secured  his  election  to  the  Confederate 
Senate.  The  reason  assi.o;ned  for  defeating  W.  W.  Avery,  who 
had  been  delegate  for  the  State  at  large  to  the  Provisional 
Congress,  was  that  the  views  of  Dortch  regarding  seces- 
sion had  been  more  moderate. ^^  The  first  open  division  along 
party  lines  was  in  the  presidential  electioirin~l^fcvembi£r^j.86i. 
The  Standard   published   an   electoral   ticket   which   failed   to 


4 


92  Jonathan  Worth,  in  a  letter  to  James  B.  Troy,  May  21,  1861,  said 
there  was  only  a  feigned  alliance  between  the  two  parties. 

93  Standard,  September  18,  1861. 


38  RECONSTRUCTION   IN   NORTH   CAROLINA. 

meet  with  the  approval  of  the  State  Journal,  and  the  latter  at 
once  published  an  opposition  ticket  containing,  however,  five  of 
the  names  which  were  on  the  original  ticket.^*  The  Journal's 
ticket  was  successful,  and  this  was  regarded  by  the  war  party  as 
a  vote  of  confidence.  The  cleavage  was  more  evident  when  the 
convention  re-assembled  in  the  winter.  Early  in  the  session 
a  resolution  was  unanimously  passed,  declaring  their  belief  in 
the  justice  of  the  war  and  in  the  patriotism  and  integrity  of  the 
State  and  Confederate  administrations.  But  little  else  in  its 
proceedings  showed  unanimity. 

Probably  the  most  important  question  of  the  session  was  re- 
garding an  ordinance  to  define  and  punish  sedition,  which  was 
introduced  by  Jndcrp  "RiVcrg  ar||^  w^^V^  a^^^lT  ^^^^^  thin^g,^^ 
provided  for  a  test  oath  to  be  adrnijiistered  to  all  malES"iTrthe 
State  except^the^vbliimeg^rrJ^  for  refu«a4-i:ortak'e 

it  was  exile  from  the  vState.  Naturally  it  met  with  great  oppo- 
sition.    This  was  led  in  the  convention  by  William  A.  Graham 

^4  It  is  interesting  to  notice  that  during  the  war  there  was  no  State 
political  convention.  The  nearest  approach  to  it  was  a  peace  meeting 
in  the  Tenth  Congressional  District  in  1864,  which  nominated  George 
W.  Logan  for  the  Confederate  Congress.  All  other  nominations  were 
made  by  or  through  the  newspapers. 

9s  The  ordinance  also  declared  any  of  the  following  offenses  to  be  a 
misdemeanor  and,  as'  such,  punishable:  (a)  Attempting  to  convey  in- 
formation to  the  enemy,  (b)  Publishing  and  deliberately  speaking 
against  the  public  defence,  (c)  Maliciously  and  advisedly  endeavoring 
to  excite  the  people  to  resist  the  government  of  the  State  or  of  the 
Confederate  States,  (d)  Persuading  the  people  to  return  to  a  depend- 
ence on  the  government  of  the  United  States,  (e)  Knowingly  spread- 
ing false  and  dispiriting  news,  (f)  Maliciously  or  advisedly  terrifying 
and  discouraging  the  people  from  enlisting  into  the  service  of  the  State 
or  Confederate  States,  (g)  Stirring  up  or  exciting  tumults,  disorders, 
or  insurrections  in  the  State,  (h)  Disposing  the  people  to  favor  the 
enemy,  (i)  Opposing  or  endeavoring  to  prevent  the  measures  carried 
on  in  support  of  the  freedom  and  independence  of  the  Confederate 
States.  This  summary  is  taken  from  Battle's  Legislation  of  the  Con- 
vention of  1861. 


REICONSTRUCTION   IN   NORTH   CAROLINA.  39 

ancLR.  P.  Dick.  The  former's  speech  in  opposition  to  it  was 
probably  tlie  mam  cause  of  its  failure.  He  placed  particular 
stress  on  the  injustice  to  the  Quakers.  Mr.  Dick  argued  that 
it  would  lead  to  the  belief  that  North  Carolina  was  a  nest  of 
traitors,  a  fact  which  was  disproved  by  the  large  number  of 
volunteers  that  had  gone  to  the  front,  and  that  the  spirit  of  the 
thing  was  contrary  to  the  principles  and  ideas  of  the  State.^^ 
The  ordinance  was  tabled  indefinitely  by  a  large  vote  in  Decem- 
ber, and  an  attempt  made  the  following  February  to  consider 
it  without  the  test  oath,  was  defeated  by  a  vote  of  41  to 
37.^^^  The  matter  was  brought  up  again  at  the  last  session 
with  the  same  result.  The  proposed  ordinance  was  never  pop- 
ular in  the  State,  and  was  regarded  with  horror  by  many.®^ 

During  the  session  resolutions  were  introduced,_.iLeclaring 
against  party  spirit,  but  they  w.ei:ej3£XSlLallQ3£edJojcome  to  a 
vote^s^The-frfends  of  the  administration  saw  in  them  a  veiled 
attack  upon  President  Davis,  Governor  ElHs,  and  Governor 
Clark,  and  succeeded  in  having  them  tabled.  Many  other 
things  were  considered  by  the  convention,  and,  remembering 
the  difficulties  experienced  in  the  past,  in  securing  amendment 
and  revision  of  the  constitution,  it  discussed  and  laid  plans  for 
quite  a  number  of  important  constitutional  changes.  These 
were  never  finally  adopted  by  this  convention.  Various  mat- 
ters, however.  Occupied  its  attention,  and  a  fourth  session  was 
held  in  April,  1862.  It  adjourned  in  May,  subject  to  the  call 
of  the  president,  and  if  no  call  was  made  by  November,  1862, 
this  adjournment  was  to  become  sine  die. 

By  the  time  of  its  last  session,  the  convention  had  become 
unpopular  with  the  people  ^[gjiexaily.  It  accufilljll^he'gnittle 
that  they  felt  could  not  have  been  done  by  the  General  Assem- 
bly, and  they  were  anxious  for  its  adjournment.^  The  original 

96  Standard,  Dec.  18,  1861. 

97  The  State  Journal  said  this  was  a  strict  party  vote . 

98 Battle,  Legislation  of  the  Convention  of  1861,  p.  124.  The  vote 
on  tabling  it  was  47  to  43.     Journal,  p.  64. 


40 


RECONSTRUCTION   IN   NORTH   CAROWNA. 


secessionists  in  the  convention  were  in  part  responsible  for  this 
feehng,  for  they  were  in  the  minority  and  consequently  desired 
adjournment  in  order  that  the  legislature,  in  which  they  had  a 
majority,  might  control  the  State.^^ 

An  effort  was  made  before  the  convention  adjourned  to  influ- 
ence it  to  declare  the  office  of  governor  vacant  and  to  elect  a 
successor  to  Governor  Clark.  As  Mr.  Holden  was  prominently 
connected  with  this  enterprise,  it  was  commonly  supposed  that 
he  desired  the  office.^^^  The  plan  failed,  but  the  convention 
provided  for  an  election  for  governor  and  ordered  that  he 
should  assume  the  duties  of  the  office  in  September,  instead  of 
the  following  January.^^^  Immediately  the  campaign  began. 
The  State  Journal  proposed  that  a  convention  should  be  held 
and  its  nominee  elected  without  a  contest.  The  press,  with  the 
exception  of  the  Standard,  favored  this  idea,  but  when  it  was 
seen  that  a  contest  was  inevitable,  the  Charlotte  Democrat  nomi- 

ated  William    JohnjiQiL__Ii£.-jw^  Whig,  jepre- 

sentative  of  th^'^ecession  party,  and  it  was  felt  that  his  busi- 
ness training  and  his  executive  ability  as  shown  in  his  career 
as  a  railroad  president,  and,  since  the  beginning  of  the  war,  as 

ommissary  General  of  the  State,  would  render  him  suitable 

or  the  position. 

Meanwhile  the  "CongexyatiYes/'  as  they  now  called  them- 
^Ives,  were  casting  about  for  a  candidate.  William  A.  Gra- 
\  am  was  their  first  choice,  but  he  declined  to  allow  the  use  of 
Hs  name.  Through  the  influence  of  A.  S.  Merrimon,  the  Fay- 
e[tteville  Observer  nominated  Zebulon  B.  Vance  of  Buncombe, 
it  the  time  colonel  of  the  26th  North  Carolina  regiment.  He 
Jnad  been  a  Whig  member  of  the  Thirty-sixth  Congress  and 
had  opposed  secession  until  the  call  for  troops,  when  he  became 
a  secessionist. ^^2    He  then  volunteered  and  rose  rapidly  to  the 

»9  Journal,  p.  130.  ^ 00  Western   Sentinel,   Jan.    31^JI^2. 

101  Ordinances,  2d  Session,  p.  7.       -^ "^ 

102  Vance  said  he  was  speaking  for  the  Union  -with  h?s  arm  raised 
when  the  news  came  of  the  President's  call  for  troops  and  nis  arm  fell 
to  the  side  of  a  secessionist.     Speech  to  Andrew  Post,  G.  A.  R. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  4I 

rank  of  colonel.  In  the  fall  of  1861  he  declined  to  be  a  candi- 
'  date  for  Congress  on  the  ground  that  there  was  greater  need 
of  fighting  men/*^^  and  even  now  he  was  very  doubtful  as  to  the 
wisdom  of  allowing  his  name  to  be  used,  but  finally  con- 
sented.^<^* 

A  large  part  of  the  press  opposed  a  personal  canvass  in  1862, 
but  the  Standard  said,  "Honest  men  do  not  fear  a  public  dis- 
cussion, but  only  the  venal  and  corrupt,"  '^^^  and  urged  that  one 
should  be  held.  But  apart  from  Vance's  speeches  in  the  army, 
the  candidates  took  little  part  in  it.  The  campaign  was  one  of 
extreme  heat  and  bitterness,  especially  between  the  newspa- 
pers.^*^^  There  was  no  real  issue  regarding  the  war,  for  both 
parties  claimed  to  have  the  same  objects  in  view.  Itwiifs  really 
a  campai^TrfortghtTmrttrg^rsonality  of  tlhle  leaders.  "^Tliis  was" 
frankly  the  case  so  far  as  thr^Mgryatft^^^l^refr't^^ 
But  the  original  secessionist^iot''^*Ctmf©to^ate*^  or 

appeared  to  see,  in  the  success 'ori'KeT^Q.ase.ry.ativeSj  a  complete 
surrender  to  the  North.  They  adopted  as  a  platform,  the  reso- 
lutions of  confidence  passed  by  the  convention,  and  placed  a 
summary  of  them  upon  their  ticket  which  was  as  follows : 

NORTH  CAROLINA  CONF.  TICKET. 


ITS  PRINCIPLES  : 

An  unremitting  prosecution  of  the  war ;  the  war  to  the 
last  extremity;  complete  Independence:  eternal  separation 
from  the  North  ;  no  abridgement  of  Southern  territory;  no 
alteration  of  Southern  boundaries ;  no  compromise  with 
enemies,  traitors,  or  torles. 

JEFF.   DAVIS,   OUR   ARMY,   AND   THE  SOUTH. 


FOR  governor: 
WILLIAM  JOHNSTON, 

OF  MECKLENBURG. 

io3Dowd,  Life  of  Vance,  p.    68. 

104  His  letter  of  acceptance  is  in  the  Fayetteville  Observer  of  June, 
1862. 

105  Quoted  in  Western  Sentinel  of  April  18,   1862. 

106  In   the   campaign   the   Standard^,   Faye^^^ 

Recorder,  Greensboro  Patriot,  Wadesboro  Argus,   Franklin  CarolinianJ 


^ 


*A 


Su 


.^      42  RECONSTRUCTION   IN   NORTH   CAROLINA. 

A  It  was  not  remarkable  that  the  designs  of  the  Conservatives 

{^  were  a  cause  of  suspicion  to  their  opponents.     Nor  is  it  proba- 

^     ^*        ble  that  they  were  mistaken  in  their  opinion  of  the  objects  of 
i      Mr.  Hokkru._jIe  was  outspoken^jaow  in  his  opinion  of  the 

^       .«^     war,  and  said,  "AH  those  who,  with  South  Carolina,  preferred 
'yA         to  break  up  the  government,  and  who  have  not  repented  for  so 

^^  dping-, -^wS^^  But  both' Holden 

and  his  opponents  were  mistaken  regarding  the  character  and 
purposes  of  most  of  his  associates. 

During  the  campaign  a  number  of  things,  apart  from  the 
political  questions  involved,  contributed  to  aid  the  Conservative 
cause.  Since  the  beginning  of  the  war  there  had  been  much 
dissatisfaction  in  the  State  at  the  attitude  of  Virginia  towards 
North  Carolina.  There  was  a  feeling  also  that  it  was  due 
largely  to  Virginia  influence  that  more  North  Carolina  offi- 
cers were  not  rewarded  for  their  services  by  promotion.  The 
Standard,  as  a  ground  for  attack  on  the  Confederate  govern- 
ment, commented  frequently  on  this.  Just  at  this  time  the 
Richmond  Enquirer  commenced  a  series  of  attacks  on  the 
State.  It  is  needless  to  say  that  the  most  was  made  of  them 
for  campaign  material.  Another  material  advantage  was 
gained  when  Mr.  Badger  made  public  a  letter  he  had  written 
to  Mr.  Ely,  of  New  York,  and  transmitted  through  Edward 
Stanly,  who  had  lately  been  appointed  military  governor  of 
North  Carolina.  This  defended  the  action  of  the  former  Union 
men  of  the  State  and  declared  that  they  were  all  true  to  the  Con- 
federacy and  would  never  consent  to  a  reunion  with  the  North. 
This  had  effect  in  allaying  the  fears  of  many  who  were  in 
doubt  as  to  the  loyalty  of  the  leading  Conservatives. 

Henderson  Times,  Salem  Press,  and  Salisbury  Watchman  favored 
J^ance,  while  the  Wilmington  Journal,  Raleigh  Register,  State  Journal, 
V/inston  Sentinel,  Concord  Flag,  Statesville  Express,  Shelby  Eagle, 
Asheville  News,  Western  Democrat,  Charlotte  Bulletin  and  Charlotte 
Whig,  were  for  Johnston. 
107  Standard,  June  21,   1862. 


RECONSTRUCTION  IN   NORTH   CAROUNA.  43 

The  "Confederates"  tried  to  offset  this  by  quotations  from 
the  Northern  papers,  which  were  just  now  devoting  much  at- 
tention to  North  CaroHna,  and  declaring  that  the  election  of 
Vance  would  be  a  Union  victory/*^^  The  Nezv  Bra,  published 
in  Washington,  N.  C,  which  was  now  occupied  by  the  Federal 
troops,  issued  an  appeal  to  all  Union  men  to  vote  for  Vance 
and  the  other  Conservative  candidates.^^^  But  the  people  could 
not  be  convinced  that  Vance  was  untrue,  and  an  overwhelming 
victory  was  the  result  of  the  election.  Out  of  a  total  vote  oi\ 
74,^yi  he  received  a  majority  of  33,975.  Mr.  Johnston  carried 
only  twelve  counties.  Out  of  the  army  vote  of  11,683,  ^ot  ( 
distributed  by  counties,  Vance's  majority  was  3,691.  Never 
before  had  there  been  such  a  majority  in  a  North  Carolina 
election. 

Governor  Vance,  in  his  inaugural,  outlined  his  policy  and 
brought  comfort  to  those  of  his  opponents  who  had  believed 
that  he  favored,  a  return  to  the  Union.  Speaking  of  secession, 
he  said,  ''It  was  not  a  whim  or  sudden  freak,  but  the  deliberate 
judgment  of  our  people.  Any  other  course  would  have  in- 
volved the  deepest  degradation,    the    vilest    dishonor,  and  the 

108  The  Philadelphia  Enquirer  of  June  18,  1862,  commenting  on  the 
editorials  of  the  Standard,  said,  "But  here  it  comes  out  square  and 
full,  and  in  defiance  of  the  Rebel  powers,  plants  itself  beside  the  old 
and  honored  Union.  Who  can  doubt  that  a  State  where  such  words  are 
boldly  uttered  at  a  hundred  miles  distance  from  our  armies,  is  ready  to 
return,  is  even  now  returning,  from  her  prodigal  and  ruinous  career?" 
After  the  election  it  is  said,  "The  issue  in  North  Carolina  was  squarely 
secession  against  anti- secession.  *  *  *  The  result  is  a  Union  vic- 
tory. ' 

109  The  Register  answered  the  appeal  of  the  New  Era  as  follows: 
"Voters  of  North  Carolina!  Do  you  doubt  now  the  end  and  aim  of 
Conservatism?  Do  you  doubt  that  the  Conservatives  of  the  Depart- 
ment of  North  Carolina  (Stanly's  Department)  and  the  Conservatives 
of  the  rest  of  the  State  are  united  by  the  common  tie  of  reconstruc- 
tion? Will  you  not  see  the  gulf  that  is  yawning  at  your  feet  and 
crush  out  a  party  that  would  force  you  into  a  Union  with  those  who 
are  waging  against  you  the  most  brutal  war  that  the  malice  of  the 
devil  ever  instigated?" 


44  RECONSTRUCTION   IN   NORTH   CAROLINA. 

direst  calamity.  We  also  accepted  with  the  act  all  its  inevit- 
able consequences,  a  long  and  bloody  war.  *  *  *  'pQ  pros- 
ecute this  war  with  success  is  quite  as  much  for  our  people 
as  for  our  soldiers  to  do.  One  of  the  most  vital  elements  of 
our  success  is  harmony.  On  this  great  issue  of  existence  itself 
let  there,  I  pray  you,  be  no  dissenting  voice  in  our  borders." 
To  the  surprise  of  many  he  pledged  the  enforcement  of  the 
conscript  law.  The  speech  throughout  was  a  plea,  and  at  the 
same  time  a  pledge,  for  the  untiring  prosecution  of  the  war.  It 
met  with  hearty  approval  all  over  the  State,  the  most  cordial 
being  expressed  by  his  political  opponents,  and  all  question  of 
his  position  regarding  the  war  was  at  an  end. 

It  is  not  likely  that  at  this  time  many  people  in  the  State 

meditated  a  return  to  the  Union.     It  is  certain  that  there  was 

a  small  number  who  were  planning  such  a  thing  whenever  a 

suitable  opportunity  arose.     But  extreme   dissatisfaction  was 

'  present  in  many  quarters  and  from  various  causes.     The  lack 

of  an  adequate  coast  defence,  from  the  beginning  of  the  war, 

was  a  ground  of  attack  upon  the  Confederate  government.^^*^ 

The  establishment  of  the  military  prison  at  Salisbury  caused 

much  dissatisfaction,  particularly  in   its  neighborhood.     This 

increased  as  the  war  progressed  and  many  North  Carolinians 

were  imprisoned  there. ^^^     Disloyalty  appeared  in  the  eastern 

counties  at  the  time  of  Federal  occupation,  and  there  was  more 

•i^  "j*or  less  of  it  throughout  the  war.     As  the  year  1862  advanced 

"^  I  cases   elsewhere  became   more   frequent.      The   assertion   was 

i^i  constantly  made  that  extreme  disloyalty  existed  in  Davidson,^^^ 

^    -"^or^yth,  Ragdolph  and  Guilford  counties.     In  Forsyth  it  was, 

N,        at  hrst,    only^TTeelmg  in  faVor  of  peace,  lacking  leaders    to 


t 


110  The  Wilmington  Journal  even  called  for  the  southeastern  counties 
to  unite  with  South  Carolina,  as  the  State  disregarded  their  necessity. 
September  25,  1862.  m  Clark  to  Seddon,  January  5,  1862. 

112  As  early  as  July,  1861,  Gov.  Clark  was  notified  of  treasonable  ut- 
terances and  actions  in  Davidson,  but  was  powerless  to  do  more  than 
appeal  to  the  people  to  assist  him  by  their  influence.  Executive  Let- 
ters, Clark,  p.  57.  .^^ 

\ 


^^ 


\^ 


I   J 


REICONSTRUCTION  IN   NORTH   CAROLINA.  45 

make  it  a  definite  movement.  In  the  campaign  of  1862  one 
of  the  candidates  for  the  legislature  declared  in  favor  of  a 
compromise  with  the  North  and  a  reconstruction  of  the  old 
Union. ^^^  The  greal.Ouaker  element  in  these  counties  was 
largely  responsible  for  the'TrppositioTfTo  the  war,  and  although 
they  furnished  a  considerable  number  of  volunteers,  the  dis- 
couraging of  volunteering  and  quiet  resistance  to  conscription 
were  so  frequent  that  Governor  Clark  was  compelled  to  issue  a 
proclamation  against  it.^^*  Deserters,  also,  began  to  come  to 
these  counties  in  such  numbers  as  toexcite  attention, 
a  company  was  ordered  for  duty  m  CHjlthaiift  for  the  purpose 
of  arresting  them.  The  State  administration  was  practically 
powerless,  for  the  criminal  code  made  no  provision  for  the  of- 
fence, and  the  military  code  was  almost  useless  in  North  Caro- 
Hna.^-^  At  the  election  of  1862  troops  had  to  be  sent  to  Wilkes 
and  Yadkm  to  prevent  the  deserters  from  interfering  at  the 
polls.  ^s^  ^ 

In  the  extreme  West,  matters  had  assumed  a  still  more  seri- 
ous aspect.  General  E.  Kirby  Smith  was  forced  to  send  a 
detachment  of  troops  to  Madison  county.  He  wrote  Governor 
Clark  that  the  whole  population  of  Laurel  Valley  was  hostile 
to  the  Confederacy  and  that  all  the  males  were  under  arms. 
Skirmishing  was  kept  up  the  whole  time  the  troops  were  in  the 
valley.^^^  Application  was  made  to  the  War  department  by 
the  State  for  a  military  court  for  Western  North  Carolina  for 
the  sole  purpose  of  tr^inglZeierters,^^'^  but  no' attention  was 
paid  to  the  request.  Governor  Vance,  soon  after  his  inaugura- 
tion, asked  that  troops  niTght  be  sent  there,  an"3^suggested 
that  they  should  be  from  other  States  that  the  temptation  to 
desert  Tyrh344£IEe^1t"i.a.     Ti|..4lijiwaijLlJlYTti^imanv  of  the  deserters 

113  His  speeches  ^\ere  quoted  in  the  Western  Sentinel  of  July,  1862, 

114  Executive  Letters,  Clark,  p.  301. 

115  Mesage  to  the  Council  of  State,  February,  1862. 

116  Off.    Rec.    No.    10,  p.    629. 

117  Ibid,  No.   128,  p.  674. 


•^ 


46  RECONSTRUCTION   IN   NORTH   CAROLINA. 

[crossed  over  into  Tennessee,  and  many  formed  organizations 
there  for  their  defence.^^® 

In  the  spring  of  1862  another  cause  of  discontent  was  the 
appointment  of  W.  S.  Ashe  by  the  Confederate  government  to 
procure  arms  in  the  State.    He  advertised  that  he  was  author- 
ized to  purchase  arms,  and  if  necessary,  impress  them.     Gov- 
ernor Clark  at  once  issued  a  proclamation  to  the  people,  de- 
\*    daring  that  there  was  no  legal  authority  to  direct  the  seizure 
v^     of  arms,  and  asking  them  to  sell  to  the  State  whatever  arms 
J\    they  had.    He  also  wrote  to  Ashe  and  told  him  that  no  seizure 
{^b      of  arms  would  be  permitted.^^^ 

?j  The  new  General  Assembly  had  a  decided  Conservative  ma- 

tj         jority,  and  at  once  proceeded  to  oust  the  Secretary  of  State  and 
tj         Treasurer    and    replace    them    with    Conservatives.^^^     This 
was  the  beginning  of  the  execution  of  the  plan  which    Mr. 
Hol^en  had  mapped  out.     Every  Conservative  member  who 
exercised  his  own  judgment  in  voting  and  so  gave  ''aid  and 

comfort"  to  the  "Destructives,"  as  he  called  the  ''Confederates," 

*i.„.  "       ■*'  ' 

was  condemned  as  guilty  of  bad  faith. ^^^  In  further  pursuance 
of  the  policy  \^lliam  A.  Graham  was  elected  to  the  Confeder- 
ate Senate  to  succeed  George  Davis.  The  Adjutant  General 
of  the  State,  J.  G.  Martin,  held  also  the  rank  of  brigadier- 
general  in  the  Confederate  service;  and  because  of  this  his 
office  was  declared  vacant,  and  a  successor  chosen.^--  The 
Attorney-General   shared  the   same   fate.^-^ 

The  usual  resolutions  declaring  the  separation  from  the 
Union  final  and  endorsing  President  Davis  and  Governor  Vance 
were  passed.^^*     The  North  Carolina  delegation  in  the  Con- 


ns Off.  Rec.,  No.  23,  p.  940. 

119  Executive  Letters,  Clark,  p.  301. 

120  J.    H.    P.    Russ    was   elected    Secretary   of    State    and   Jonathan 
\v'orth.  Treasurer. 

121  Standard,   December   3,    1862. 

122  Daniel    G.    Fowle    became    Adjutant    General. 

123  Sion  H.    Rogers  succeeded  W.    A.    Jenkins  m  Attorney  General. 

124  Laws,  1862-3,  p.   43. 


RECONSTRUCTION  IN   NORTH   CAROLINA.  47 

federate  Congress^'wefe  reqiiested^o  uv^e  the  j;epgaLx>£  the 
^^fw^i^TyrfTr>p^=<=i!l^r1ai^Sf  of  the  mnita£v  exernpHon  ant  a^i  un- 
necessary and  in  violation  of  the  Biil-^IEIgEsjaadL^_ spirit 

i^orth  CaroHna  institutions/-^  A  protest  was  made  against 
the  policyoFKiniihg  cotton  in  the  eastern  part  of  the  State/^^ 

A  great  deal  of  unfriendly  criticism  had  been  aroused  a 
short  time  before  by  the  arrest  of  Rev.  J,  R.  Graves,  a  minis- 
ter of  Orange  county,  by  order  of  the  Confederate  authorities, 
as  a  spy.^2^  His  chief  offence  had  been  an  unwise  conversation 
while  on  his  way  South  through  the  Federal  lines,  and  a  letter 
predicting  a  long  war,  which  gave  some  slight  information  to 
the  enemy.  He  was  carried  to  Richmond  and  imprisoned.  The 
General  Assembly  now  directed  the  governor  to  demand  his 
release.  Upon  his  demand,  Secretary  Seddon  gave  an  account 
of  the  causes  of  his  arrest,  justifying  it  as  necessary,  but  dis- 
avowing the  responsibility  for  his  being  taken  from  the  State. 
No  evidence  was  found  against  him  and  he  was  released. ^^® 
Acts  of  this  kind  produced  intense  indignation  in  the  State  and 
fed  the  growing  discontent  with  the  Confederate  government 
and  its  policy.  Governor  Vance  in  his  message  informed  the 
legislature  that  there  were  many  citizens  of  the  State  con- 
fined at  Salisbury  for  political  offences  and  asked  that  steps  be 
taken  to  preserve  the  rights  of  the  people.  He  was  accordingly 
instructed  to  inquire  into  the  causes  of  the  arrest  of  the  politi- 
cal prisoners,^^^  and  relief  was  granted  by  an  act  providing 
that  the  writ  of  habeas  corpus  should  be  issued,  directed  when 
necessary  to  the  sheriff  of  the  county  where  the  arrest  took 
place  and  by  whom  it  should  be  obeyed  and  executed.^^^ 

125  Laws  1862-3,  p.  49. 

126  General  French  had  lately  ordered  all  cotton  east  of  the  Wilming- 
ton and  Weldon  railroad  to  be  burned  to  prevent  its  capture  by  the 
enemy . 

127  Off.  Rec.  No.  118,  pp.  98-100,  794-5. 

128  Governor's  message,  1862. 

129  Laws,  1862-3,  Chap.   46. 
i3olt>id,  p.    76. 


48  RECONSTRUCTION   IN   NORTH   CAROLINA. 

A  bill  was  introduced  providing  for  the  enlistment  of  ten 
regiments  of  volunteers  between  the  ages  of  eighteen  and  forty- 
five  years  of  age,  not  liable  to  conscription.  The  bill  was  in- 
troduced by  Uidge  Person.  But  it  was  so  amended  as  to  omit 
the  provision  of  noiv4ia5TIity  to  conscription,  and  an  effort  to 
insert  a  preamble  stating  that  no  conflict  should  occur  with  the 
laws  of  the  Confederacy  was  unsuccessful.  It  was  clearly  the 
purpose  of  the  Conservatives  to  prevent  the  execution  of  the 
conscript  law,  and  this  excited  so  much  opposition  that 
the  bill  was  defeated  in  the  Senate  after  passing  the  House. 
Immediately  afterwards,  as  an  answer  to  criticism  from  Vir- 
ginia, a  resolution  was  passed,  vindicating  the  loyalty  of  the 
State  and  of  the  General  Assembly.  Seven  ''Confederate" 
members  of  the  Senate  and  thirteen  of  the  House  voted  against 
it  on  the  ground  that  it  endorsed  the  ''Ten  Regiment  Bill."  ^^^ 
The  whole  tendency  of  the  majority  in  the  legislature  as 
expressed  in  their  acts  and  resolutions  was  to  oppose  all  fur- 
ther centralization  of  power  by  the  Confederate  govern- 
ment, and  in  so  doinvf,  oppose  it  in  other  respects.  Mr.  Holden^ 
although  not  a  member,  was  the  dominating  influence.  ^ 

Immediately    upon    the    adjournment    of    the  legislature    a 
- — ^meeting  was  held  by  the  members  favoring  a  vigorous  prosecu- 
^":^  tion  of  the  war  and  all  citizens  who  cared  to  join  them.     An 
^address  to  the  people  was  issued,  condemning  the  action  of 
^  those  who  were  opposing  the  war,  and  a  central  committee 
^and  a  committee  of  correspondence  were  appointed.     Promi- 
•^  nent  in  this  movement  were  ex-Governor    Bragg,  w^ho    had 
^'^■'   lately  resigned  from  President  Davis's  cabinet  and  was  in  a 
sense  a  representative  of  the  Confederate  government  in  the 
State,  Kenneth  Rayner,  D.  M.  Barringer,  ex-Governor  Reid, 
W.  W.  Avery  and  Weldon  Edwards.^^" 

The  period  between  the  adjournment  of  the  legislature    in 
February  and  its  assembling  in  extra  session  on  June  30th  at 

131  Journal,   1862-3,  pp.    31,   190. 

132  Register,    February    18,    1863. 


RECONSTRUCTION  IN   NORTH   CAROLINA.  49 

Governor  Vance's  call  to  consider  financial  matters,  was  with- 
out events  of  importance.  It  was  marked,  however,  by  a 
growing  aversion  to  the  conscript  law  and  by  constant  appeals 
to  the  judiciary  for  writs  of  habeas  corpus  to  obtain  the  release 
of  those  conscripted.  Governor  Vance,  in  May,^^^  ordered  the 
militia  officers  not  to  arrest  persons  who  had  been  discharged 
under  the  writ,  and  to  resist  such  arrests  by  any  persons  not 
authorized  by  a  court  having  jurisdiction.  At  the  same  time 
the  increase_of_jd£sertions  caused  him  to  issue  a  proclamation 
urging  all  those  absent  from  their  commands  to  return  at 
once.^"*  He  also  issued  a  third  proclamation  asking  for  volun- 
teers to  enable  him  to  comply  with  the  President's  call  for 
seven  thousand  for  six  months'  service  in  the  State.  He  also 
referred  the  matter  to  the  legislature  when  it  met. 

The  session  only  lasted  a  week.  In  this  time  laws  were 
passed  providing  for  the  enrollment  of  a  force  of  militia  and 
for  the  punishment  of  those  assisting  and  encouraging  deser- 
tion. The  governor  was  authorized  to  use  the  militia  to  enforce 
the  conscript  laws.^^'^  Governor  Vance  visited  the  body  while 
in  secret  session  and  urged  the  drafting  of  magistrates  and 
secured  the  adoption  of  the  exemption  bill  of  the  Confederate 
Congress.^^^ 

Up  to  this  time  the  peace  sentiment  had  been  expressed  only 
individually.  It  reached  the  public,  as  a  general  thing,  only 
through  the  editorial  columns  of  the  Standard  and  the  Progress 
^^^and  such  papers  as  quoted  them  in  opposition  to  their  policy. 

133  Proclamation   of   May    11,   1863. 

134  Register,   May    16,    1863. 

135  Laws,    Extra    Session,    1863. 
138  Off.    Rec.    No.    128,   p.    619. 

137  The  Progress  had  been  published  in  New  Bern  until  Federal  occu- 
pation of  the  place.  It  was  now  conducted  in  Raleigh  and  was  strongly 
opposed  to  the  Confederate  government.  It  had  formerly  been  a  strong 
secession  paper. 


\ 


n 


50  RECONSTRUCTION   IN   NORTH   CAROLINA. 

But  a  change  now  took  place.  Major  Bradford,  a  Virginian, 
was  appointed  to  collect  the  Confederate  tithes  in  North  Caro- 
lina. The  ill  feeling  existing  at  the  time  on  account  of  North 
Carolina  troops  being  placed  under  officers  from  other  States 
was  intense,  and  the  discontent  at  other  acts  of  the  government 
has  been  noticed.  This  was  well  known  at  Richmond,  and  the 
appointment  was  regarded  in  the  State  as  showing  a  total  dis- 
regard for  the  wishes  of  the  people.  Criticism  was  so  severe 
and  the  people  were  so  aroused  that  Governor  Vance  finally 
requested  the  withdrawal  of  Bradford  and  the  appointment  of 
a  North  Carolinian.  This  was  done,  but  a  pretext  had  already 
been  given  for  action  by  the  discontented  element.  Early  in 
July  the  Standard  called  upon  the  people  to  assemble  and  ex- 
press their  opinion  on  the  state  of  the  country.^^^  This  was 
followed  a  week  later  by  an  editorial  which  expressed  the  feel- 
ing behind  the  movement,  ''Peace!  When  shall  we  have 
peace?"  It  then  quoted  with  approval  from  the  Progress  as  fol- 
lows :  "We  favor  peace  because  we  believe  that  peace  now 
would  save  slavery,  while  we  very  much  fear  that  a  prolonga- 
tion of  the  war  will  obliterate  the  last  vestige  of  it."  ^^® 

During  the  last  week  in  July  two  meetings  were  held  in 
Wake  County.  One  demanded  any  peace  that  would  give 
equairty~wTfFlTie  North.  The  other  requested  President  Davis 
to  suspend  hostilities  and  call  a  convention  of  the  States.^*^ 
Both  denounced  the  Confederate  administration  and  endorsed 
Mr.  Holden.  ,^urrvfollowed  a  few  days  later  demanding  "The 
Constitutipti  as  it  is  and  the  Union  as  it  was."  ^*^  In  close 
succession  there*  followed  meetings  all  over  the  State.  The 
proceedings  of  sixty,  held  in  about  thirty  counties  were  pub- 
lished.^*^ A  large  meeting  v/as  also  held  for  the  Tenth  Con^  ^ 
gressional  District.  There  is  such  a  similarity  in  the  resolu-  / 
tions  passed  that  they  evidently    originated  from    the    same 

•     138  standard,   July    8,    l.So3.  no  ibid,  July  29,  1863. 

139  Ibid,   July    17,    1863.  i4i  Ibid,  Aug.    12,  1863. 

142  Mr.  Holden  said  that  over  one  hundred  were  held. 


REICONSTRUCTION   IN   NORTH   CAROLINA. 


51 


source.  Mr.  Holden  deniedjjii6-fm4 ■  sai4-.that .thgjneetings  and 
resolutions  were  purely  spontaneous.^*^  But  the  evidence 
proves ~i4ie-<rontrar3r^ — -^^Phc'preceding  January  a  meeting  had 
been  held  in  the  14th  North  Carolina  Regiment  to  protest 
against  the  proposed  "Ten  Regiment  Bill."  Mr,  Holden  then 
threatened  that  if  such  meetings  were  held  in  the  army  he 
would  start  them  at  home  for  the  people  to  "express  their  opin- 
ion on  the  state  of  the  country.^**  President  Davis  had  been 
warned  before  the  movement  began  that  a  series  of  such  meet- 
ings was  to  be  held  and  that  many  feared  that  there  was  to  be 
open  resistance  to  the  Confederacy.  It  was  also  intimated  that 
the  plan  was  to  excite  the  people  and  co-operate  with  the 
enemy.^*'^  He  informed  Governor  Vance  of  this,  who  replied 
that  there  was  no  reconstruction  party  in  North  Carolina  and 
that  it  would  be  unwise  to  take  any  steps  against  Mr.  Holden. 
The  former  acknowledged,  however,  the  existence  in  the  State 
of  widespread  bad  feeling  and  dissatisfaction  with  the  Con- 
federate govemment.^*^  Mr  Hr^jderj  was  evidently  feeling 
the  glJlse  of  theStatc^-with  a  view  to  d££ided  action  forth6 
-ilIliiQii--^Re  had,  a  short  while  before,  written  Andrew  JoRn- 
son,  then  military  governor  of  Tennessee,  that  the  people  of 
North  Carolina  were  true  to  the  Union  and  would  seize  the 
first  opportunity  to  free  themselves  from  the  Confederacy.^*^ 
General  J.  G.  Foster  also  heard  from  some  private  source  that 
such  a  plan  was  on  foot.^*® 

The  publication  of  the  proceedings  of  these  meetings  aroused 
a  storm  of  abuse,  particularly  in  the  army.  Over  thirty  regi- 
ments passed  resolutions  denouncing  Holden  and  the  meetings. 
A  convention  composed  of  delegates  from  every  North  Caro- 
lina regiment  met  at  Orange  Court-house,  Virginia,  and  issued 
a  protest,  declaring  false  the  claim  of  the  Standard  that  the 


143  standard,  Aug.    12,   1863. 

144  Ibid,  Jan.    14,   1863. 

145  Off.  Rec.  No.  108,  p.  739. 


146  Ibid,  p.    740. 

147  Ibid,  No.  50,  p.  183. 

148  Ibid,  No.    45,  p.    751 


\ 


\^ 


€ 


<m 


^ 


52  RECONSTRUCTION   IN   NORTH   CAROLINA. 

I      troops  approved  its  action.^*^     In  a  few  counties  opposition  y 

\     meetings  were  held,  and  the  grand  jury  of  Surry,  where  the    \ 

^     demand  for  peace  had  been  most  outspoken  atlhe  ensuing    I 


u. 


court,  requested  that  all  such  meetings  should  cease,  as  they 
were  disloyal  and  dangerous.^ ^^  Mr.  Holden  was  burnt  in 
effig}^  in  several  places,  and  the  feeling  against  him  was  more 
bitter  than  it  had  ever  been.  Every  paper  in  the  State,  with 
the  single  exception  of  the  Progress,  condemned  him.  He, 
S  however,  secure  in  the  belief  that  he  would  not  be  harmed, 

^  calmly  watched  the  storm  and  said,  "^  ^^^"^  p^Oplf"  ^p^^^ ;  ^t 

vj^  is  refr£shiiigL.«tQ..Jiea^^ 

1  >  Meanwhile  Governor  Vance,  who,  while  anxious  for  peace, 

"S^  ^  had  opposed  the  meetings  as  dangerous  until  overtures  came 
^  3^  from  the  North,^^^  issued  a  proclamation  urging  the  people  to 
V   ^!  \    desist.     General.  R^F._I^ 

^  \State  abotftlMsjime,  and  it  was  supposed  that  it  was  there  to 

V)e  on  handhi  case  oFafty  qutbreak.  St)  tlie  meetings  ceased. 
But  Mr.  TJn1rlpn7''anrt'^or  that  matter,  many  others,  felt  that 
he  had  the  masses  with  him.  The  army,  however,  was  still 
hostile.^'*''  So  he  contented  himself  with  keeping  the  Standard 
full  of  communications  that  would  keep  the  subject  of  peace 
before  the  people,^^^  and  that  w^ould  excite  hostility  to  the  Con- 
federate government.  He  attempted  to  identify  the  movement 
with  the  one  in  Georgia,  ignoring  the  fact  that  the  latter  de- 
manded Confederate  action,  while  he  favored  action  by  the 
State. 


149  Wilmington  Journal,  August  20,  1863.     Mr.  Holden  claimed  after- 
wards that  the  delegates  were  all  officers  and  that  the  privates  were 
in  sympathy  with  him.     But  many  of  the  delegates  were  privates. 
.0  Western  Sentinel,  October  1,  1863. 

151  Standard,  July  29,  1863. 

152  Jonathan  Worth  to  J.  M.  Worth,  August,  1863. 

153  Lewis  Hanes  commenced  a  series  of  ably  written  articles  against 
secession  and  the  war,  signed  "Davidson."  Dr.  J.  T.  Tjeach  also  con- 
tributed a  series  of  letters  bitterly  attacking  the  Confederate  adminis- 
tration. 


RECONSTRUCTION   IN   NORTH   CAROLINA.'  53  i 

The  meetings  and  discussions  had  one  effect :  they  caused  r£,i  '       J 

ter  now  became  alarming;-.     The  deserters  ronp-reg-ated  in  the  <A   * 

mountains  where  it  was  almost  impossible  to  reach  them  and  *5 

plundered  and  m.urdered  at  their  own  will.     They  made  over-       r\V^ 
tures  to  Governor  Vance  to  enlist  them  for  service  in  the  State,  ^a^ 

but  it  was  never  allowed  by  the   War  Department.^'^^     The  ^ 

Home  Guard  was  utterly  unable  to  cope  with  them,  and  in  ^^ 

many  places  they  were  assisted  and  encouraged  by  the  inhabi- 
tants, who  were  actuated  either  by  sympathy  or  fear.^^^  Nor 
were  they  only  in  the  mountains.  In  Wilkes  County  five 
dred  oi  Lhem  wt^l'y  111  \i  llliillikTy  organization  under  arms,  and 
there  were  large  numbers  in  Randolph,  Catawba,  vYad^cin  and 
Iredell,  not  to  mention  other  localities  where  they  wece^qot  so 
\  numerous.^^^  A  decided  growth  of  Union  sentiment  was  noliCe- 
able  after  Gettysburg  and  the  fall  of  Vicksburg.^^^ 

The  feeling  aroused  by  the  peace  meetings  was  not  long  left 
without  an  outlet.  In  September  a  portion  of  BennIilg.'s.^.Qeata«»,-/ 
gia  brigade^^^  spent  a  night  in  Raleigh.  A  number  of  the 
soldiers  went  to  Mr.  Holden's  residence,  but  he  eluded  them, 
and  went  to  the  Governor's  Mansion  and  took  refuge  there 
until  Governor  Vance  returned.  After  failing  to  find  Mr. 
Holden  the  soldiers  went  to  the  Standard  office  and  sacked  it, 
throwing  the  type  into  the  street.  The  press,  however,  was 
not  injured.  Governor  Vance,  who  was  sent  for,  came  and 
urged  the  mob  to  disperse  without  further  violence.  The  next 
morning,  in  retaliation,  a  mob  composed  of  citizens  of  Raleigh, 
led  by  Mark  Williams,  a  strong  Union  man,  sacked  the  office 

154  Off.  Rec.  No.  49,  p.  660;  Carolina  Watchman,  March  21,  1864. 
1-3  Ibid.,  No.  128,  p.  674. 
iselbid,  No.  49,  p.   676. 

157  Ibid,  No.  128,  pp.  783-5. 

158  Ibid,  No.    35,  p.    950. 

159  The  Georgia  troops  claimed  afterwards  that  the  soldiers  of  the 
48th  N.  G.  regiment  were  engaged  in  the  riot  and  The  Spirit  of  the 
Age  said  the  same  thing. 


i 


54  RECONSTRUCTION   IN   NORTH   CAROLINA. 

and  utterly  destroyed  the  property  of  the  State  Journal.  Gov- 
ernor Vance  again  interfered  to  prevent  further  trouble.  But 
for  his  preventive  measures  the  Progress  would  have  been  de- 
stroyed the  following  night.^^^  He  at  once  complained  to  the 
President,  but,  beyond  an  investigation  resulting  in  no  evi- 
dence, nothing  was  done.  For  some  time  troops  were  not  al- 
lowed to  pass  through  the  city  for  fear  of  the  consequences, 
but  even  this  prohibition  did  not  last  long. 

The  fall  elections  showed  that  although  the  peace  feeling 
was  strong  in  the  State  its  voting  strength  was  less  than  that 
of  the  Conservatives  in  1862.  The  new  delegation  to  the  Con- 
federate Congress  had  five  of  the  Standard's  candidates.  But 
in  nearly  every  instance  they  were  elected  by  a  plurality  vote 
over  several  candidates.  A  total  vote  of  30,641  was  cast,  and 
a  majority  of  2,834  was  against  the  Holden  candidates.  This, 
/"     ^  from  the  number    of    elements    entering    into    the  contest,  is 

\  slight  evidence  in  itself,  but  it  marks  a  difference.^^^  [The  suc- 

cessful candidates  representing  the  peace  feeling  were  James 
T.  Leach,  Josiah  Turner,  Gfeorge  \y.  Logan,^^^  Samuel  Chris- 
tian and  J.  GTlvamsev^    ^ 

So    generally   was  the  sentiment    for  peace  diffused  among 
the  people,  though  ho  longer  e^  in  rescrlutions,  that  Gov- 

ernor Vance  finally  wrote  to  the  President  that  the  discon^it^ 
1      /     'In  the  State  could  only  be  removed  by  an  attempt  at  jiegQtia-^, 
/j^"'        tions  with  the  enemy.^^'^    The  President  replied  that  it  was  im- 
/?V\*    possible  on  account  of  the  refusal  of  the  Washington  authori- 
)j  ties.    At  the  same  time  he  expressed  his  distrust  of  any  move- 

ment like  that  in  North  Carolina,  and  warned  Governor  Vance 
against  delaying  action  too  long  in  efforts  at  conciliation. 


$ 


s 


Vl<0 


164 


160  Fayetteville  Observer,  September,  1863.     The  State  Journal  never 
resumed  publication.     The  Standard  resumed  in  about  a  month. 

161  Western  Sentinel,  January  28,   1864, 

i«2  George  W.   Logan'  was  nominated  by  the  peace  meeting  for  the 
Tenth  district.     Standard,  October  14,  1863. 
163  Off.  Rec.  No.   108,  p.  807. 
104  Ibid,  pp.    809-10. 


RECONSTRUCTION  IN  NORTH  CAROLINA.  55 

The  General  Assembly  met  in  November.    Little  legislation 
of  importance  resulted.     The  governor  was  directed  to  use  the         |      . 
militia  for  arresting  conscripts  and  deserters  only  in  their  own         I  yt^  ^ 
or  adjacent  counties. ^"^^  The  salaries  of  the  State  officers  were         " 
increased  to  keep  up  to  some  extent  with  the  depreciation  of  ^ 

the  currency. 

Early  in  1864  the  Attorney-General  of  the  Confederacy  re- 
signed and  was  succeeded  by  George  Davis,  whose  term  in  the 
Confederate  Senate  had  not  expired.     Ex-Qovernor  Graham   1      y 
had  already  been  elected  to  succeed  him,  and  Governor  Vance   j  ^ 
asked  him  to  fill  out  the  unexpired  term.     He  refused^._as...did-  I  L 

ex-Governor  Swain,    who  was  lat'ef  offered    the  appointment.    |  C/"^^ 
TttdgeXdwin  G.  Reade  finally  accepted  as  a  favor  to  Governor 
Vance.  *^~"' ^ 

During  the  winter  Governor  Vance  visited  the  Army  of 
Northern  Virginia,  and  a  general  review  was  held  in  his  honor. 
^^^He  was  there  several  days  and  spoke  to  the  North  Carolina 
troops  frequently,  urging  and  encouraging  them  to  renewed 
efforts.^«» 

In  North  Carolina  talk  of  the  necessity  of  a  convention  was 
beginning  to  be  heard.    Resolutions  demanding  the  call  of  one 
were  prepared  by  Mr.  Holden  and  Jj'r!  J.  'l'.  Leach  "and  intro- 
duced  by  the  laLLer  M.  *A  peJlCti  meeting  held  in  Johnston  county. f> 
^^^Mr.  Holden  then  decided  that  another  series  of  meetings 

iGSj^aws,  1863,  Chap.    18. 

166  Executive  Letters,  Vance,  Vol.   II,  p.    64  et  seq. 

167  This  seems  to  have  been  the  only  instance  of  the  kind  during  the 
war. 

168  General  Lee  said  Vance's  visit  to  the  army  in  its  results  was  equiv- 
alent to  a  reenforeement  of  50,000  men.     Dowd,  Life  of  Vance,  p.  125. 

169  The  important  part  of  the  resolutions  is  as  follows: 
"Whereas,    the    alarming   and    fearful    tendency    of    the    Confederate 

Government  towards  a  military  despotism  by  the  enactment  of  unjust 
and  oppressive  laws,  to  citizens  is  just  cause  of  complaint. 

Resolved,  That  North  Carolina,  as  a  sovereign  and  independent  State, 
has  a  right  to  consult  the  present  good  and  future  happiness  of  her 


56  RECONSTRUCTION   IN   NORTH   CAROLINA. 

should  be  held.  Governor  Vance,  while  regretting  the  division 
which  now  came  definitely  between  Mr.  Holden  and  himself, 
refused  to  co-operate  in  the  movement  for  a  convention,  and 
even  thought  of  declining  to  be  a  candidate  for  re-election.^"^^ 
Another  series  of  thirty  or  more  peace  meetings  were  now  held 
and  their  proceedings  published.  All  were  hostile  to  the  Con- 
federate government  and  nearly  all  demanded  a  convention. 
It  is  noticeable  that  Governor  Vance  was  endorsed  by  nearly  all 
of  them.  Mr.  Holden,  evidently,  still  hoped  to  control  him, 
but  Vance  finally  told  him  that  all  his  pledges  had  been  for  a 
vigorous  prosecution  of  the  war  and  that  his  policy  had  been 
outlined  in  his  inaugural  address.^^^ 

The  Richmond  authorities  were  kept  informed  of  the  condi- 
tion of  feeling  in  the  State,^^^  and  if  matters  had  assumed  a 
more  serious  aspect,  would  probably  have  interfered.  Gov- 
ernor Vance,  too,  entered  into  a  correspondence  with  Presi- 
dent Davis  which  became  decidedly  unpleasant  in  tone  as  it 
progressed.  The  President  was  warned  that  if  the  writ  of 
habeas  corpus  should  be  suspended  and  arrests  made  in  the 
State  there  would  be  resistance,  particularly  if  they  appeared 
unconstitutional.  Governor  Vance  advised  as  little  use  of  mili- 
tary power  as  possible,  and  said  that  if  there  was  no  military 
interference  he  had  no  fear  of  the  appeal  to  the  ballot  box, 
as  good  and  true  men  were  working  against  any  call  of  a  con- 
vention and  would  do  so  while  the  civil  law  remained  intact, 
and  he  did  not  believe  the  required  majority   for   calling  a 

citizens,  and  when  she  is  forced  to  choose  between  a  military  despotism 
ond  her  State  sovereignty,  for  the  good  of  the  people,  she  will  choose 
the  latter  by  a  convention  of  her  citizens."  Standard,  January  12, 
1964. 

170  Spencer,  Last  Ninety  Days  of  the  War  in  North  Carolina,  pp. 
124  et  seq. 

171  Mr.  Holden  and  Dr.  Leach  asserted  later  that  Governor  Vance 
had  approved  of  the  Johnston  County  resolutions .  This  was,  on  the 
face  of  it,  false. 

172  Oflf.  Rec.  No.  129,  p.  88. 


re:construction  in  north  Carolina.  57 

convention  could  be  obtained.  He  accused"  Ml .  DSvis  of  pro- 
scribing of  ''old  -Union. men"  and  gave  that  as  one  reason  for 
the  discontent  wTtb-4h£._Conf edgxate  administration. ^^^  In  his 
reply  Mr.  Davis  denied  the  charge,  but  acknowledged  that  he 
suspected  that  a  nest  of  traitors  were  conspiring  at  home,  and 
hinted  at  arbitrary  measures,  promising  that  if  they  were  neces- 
sary due  regard  would  be  paid  to  civil  rights. ^^*  Governor 
Vance  again  wrote  renewing  the  charge,  but  denying  any  per- 
sonal feeling,^^^  Mr.  Davis  made  an  explanation,  and  after 
declaring  that  Governor  Vance  had  overstepped  the  bounds  of 
propriety,  requested  that  the  correspondence  might  cease.^^^ 
At  the  request  of  the  North  Carolina  members  of  Congress 
Governor  Vance  published  the  correspondence  in  June,  omit- 
ting the  portions  of  the  President's  letters  that  he  thought 
would  do  harm. 

On  February  24th  the  Standard  announced  the  passage  of  the 
act  of  Congress  suspending  the  writ  of  habeas  corpus,  and,  in 
the  same  issue,  Mr.  Holden  announced  that  the  publication  of 
the  paper  would  be  suspended  indefinitely.  The  latter  was  a 
surprise  to  the  public,  but  the  reason  is  evident.  March  3rd 
he  issued  an  extra  edition  and  announced  himself  as  a  candid- 
ate for  governor.  Reversing  his  opinion  of  1862,^^^  he  requested 
that  there  might  not  be  any  canvass,  as  it  would  cause  useless 
disturbance  and  excitement.  He  declared  himself  a  Conserva- 
tive  "after  the  straitest  sect."  The  announcement  caused  >no  w" 
surprise,  for  it  had  been  generally  predicted  that  he  would  be  a 
candidate.  The  campaign  was  thus  begun  five  months  before 
the  election,  ^^^„,^.„,...««r-^-~- 

173  President  Davis  sent  this  letter  to  George  Davis,  endorsed  as  fol- 
lows: "For  consideration  and  advice.  The  assertions  are  discourteous 
and  untrue.  The  rhetoric,  is  after  the  manner  of  the  Standard. 
Neither  my  acts  nor  my  words  can  justify  the  slander  that  I  have  re- 
garded North  Carolinians  with  distrust  or  withheld  due  promotion  to 
any  of  her  gallant  soldiers.     J.   D."     Off.   Rec,  No.    108,  pp.   218-20. 

174 Ibid,  pp.    824-7.  176  Ibid,   pp.    844-6. 

176  Ibid.,  pp.  830-3.  i77  See  p.  39,  preceding. 


58  RECONSTRUCTION   IN   NORTH   CAROUNA. 

i^      The  Standard  resumed  publication  in  May,  and  active  work 

W    was  commenced   for   Mr.   Holden.     The   opposition,   at   first, 

>^  caused  consternation  among  the  friends  of  Governor  Vance, 

U       as  many  of  them  did  not  appreciate  his  power.     Mr.  Holden 

yi  relied   ma-injy   nn    thf^   mngcps..  frf^tn  .oarhnm    hp   \\^(^    <^p|-nnp^  and 

^^  whom  he  had  hitherto  led.  But  Governor  Vance,  also,  was  pre- 
^         eminently^'aTliaii  uf "the  people,  and  his  efforts  to  relieve  suffer- 

X  ing  of  every  kind,  and  his  steadfast  determination  to  preserve 

civil  liberty,  had  endeared  him  to  thousands.  His  care  of  the 
soldiers,  the  fact  that  he  had  been  a  soldier  himself,  and  his 
efforts  for  a  vigorous  prosecution  of  the  war  made  friends  for 
him  among  those  who  had  opposed  him  most  bitterly  only  two 
years  before,  and  who  were  still  intensely  hostile  to  Mr.  Holden. 
But  it  was  a  battle  of  giants.  Mr.  Holden  was  an  old  and 
experienced  political  leader  and  had  always  been  able  to  inter- 
pret public  sentiment.  And  he  had  usually  been  on  the  popular 
side.  But  he  now  failed  to  realize  how  much  he  had  helped 
to  create  and  mould  the  peace  sentiment,  and  believing  that  it 
originated  with  the  people  he  thought  their  minds  could  not  be 
turned  from  it.  His  editorials  were  as  vigorous  as  ever,  and 
were  even  more  widely  read  than  ever,^''^  but  a  new  power  had 
risen  against  him — the  oratory  of  Vance.  Nothing  more  stir- 
ring or  effective  was  ever  known  in  the  politics  of  North  Caro- 
lina. The  people  flocked  to  hear  him,  and  his  speeches  at  Fay- 
etteville,  Raleigh  and  Wilkesboro,  particularly,  attracted  great 
attention.  From  this  time,  regardless  of  past  affiliations,  but 
with  no  change  in  his  policy.  Governor  Vance  was  allied  with 
the  war  party.    His  platform,  terse  and  vigorous,  indicates  this : 

"The  supremacy  of  the  civil  over  military  law. 

"A  speedy  repeal  of  the  act  suspending  the  writ  of  habeas 
corpus. 

"A  quiet  submission  to  all  laws,  good  or  bad,  while  they  re- 
main on  the  statute  books, 

178  The  circulation  of  the  Standard  was  increasing  very  rapidly  at  this 
time.  Mr.  Holden  would  send  it  when  desired,  regardless  of  payment 
for  it. 


RECONSTRUCTION  IN   NORTH   CAROLINA.  59 

"No  reconstruction  or  submission,  but  perpetual  independ- 
ence. 

''An  unbroken  front  to  the  common  enemy;  but  timely  and 
repeated  negotiations  for  peace  by  the  proper  authorities. 

"No  separate  State  action  through  a  convention,  no  counter 
revolution,  no  combined  resistance  to  the  government. 

"Opposition  to  despotism  in  every  form  and  the  preservation 
of  our  republican  institutions  in  all  their  purity."  ^'^^ 

After  he  perceived  that  his  power  with  the  mass  of  the  people 
was  departing  Mr.  Holden  attempted  to  win  the  support  of 
prominent  political  leaders  and  men  of  property.  But  here 
his  past  record,  by  contrast  with  that  of  his  opponent,  was 
sufficient  to  blight  his  aspirations.  The  old  leaders  had  been  "  Q 
willing  to  make  use  of  him,  but  they  neither  respected  nor  i  ^^Jr^ 


trusted  him,  and  so  declined  to  support  him.     R.   P.  Dick, 
Thomas  Settle. ajxd-Alfa^^eek^jiy-w^i^gJLhg, only  meiToTirrotti- 

inencr4fKtlie^SM^Ml0.^.up4K)JCte4^  ^ 

Mr.  Holden  had  great  difficulty  m  justifying  his  change  of 
opinion  regarding  Governor  Vance.  Consistency,  however,  was 
never.-one  of  Holden's  vktii&&~and  he  usiiallylaid  no  claim  to  i  aCC^ 
it.  But,  in  this  case,  he  assumed  that  a  change  had  taken  place 
in  fne  governor's  actions  and  declared  that  he  had  "made  his 
bed  with  the  Destructives"  and  was  entirely  controlled  by  a 
clique  composed  of  Thomas  Bragg,  H.  K.  Burgwyn  and  George 
Little,  and,  consequently,  although  he  had  been  elected  as  a 
peace  candidate,  was  eager  for  war.  Accordingly  Holden  de- 
clared the  issue  now  to  be  simply  war  or  peace.^^^ 
V  During  the  campaign  the  legislature  met  for  a  session  of 
two  weeks.    The  governor,  in  his  message,  took  ground  against 

179  Raleigh  Conservative,  May  4,  1864.  This  paper  was  regarded 
as  the  organ  of  the  State  administration. 

180  Alfred  Dockery  said  he  would  support  Mr.  Holden  as  a  peace  man, 
but  that  he  had  no  confldenee  in  him.  Fayetteville  Observer,  July  25, 
1864. 

181  Mr.   Holden  headed  his  editorial  sheet  with  the  following:     "The 


60  RECONSTRUCTION   IN   NORTH   CAROLINA. 

the  suspension  of  the  writ  of  habeas  corpus  and  advised  them 
to  lay  down  what  they  considered  a  fair  basis  for  peace,  warn- 
ing them  against  efforts  that  might  be  made  to  treat  with  the 
State  individually.  The  only  law  of  importance  passed  was 
one  to  secure  the  benefit  of  the  writ  of  habeas  corpus  and  to 
prevent  the  transportation  of  citizens  by  violence  beyond  the 
limits  of  the  State.^®^  Resolutions  were  adopted  declaring  it 
the  duty  of  the  Confederate  government,,  after  some  signal  suc- 
cess, to  treat  for  peace  on  the  basis  of  independence.  A  vote 
of  confidence  in  the  President  was  passed,  and  he  was  declared 
with  the  Senate  to  have  the  sole  treaty-making  power.^^^  Gov- 
ernor Vance  was  also  endorsed,  only  five  votes  in  both  houses 
being  cast  against  the  resolution.^^*  Resolutions  protesting 
against  the  suspension  of  the  habeas  corpus  and  declaring  that 
North  Carolina  did  not  consent  to  it,  against  the  Conscript  Act 
and  against  the  restrictions  on  importations  imposed  by  the  Sec- 
retary of  the  Treasury,  were  also  passed.  A  resolution  declar- 
ing the  exemption  of  State  officers  from  military  service  was 
passed  as  a  protest  against  the  change  made  by  the  Confederate 
Congress,  The  people  were  urged  to  co-operate  and  bring 
about  harmony  by  abandoning  all  party  feuds. *^^ 

During  the  session  four  members  of  the  House^^^  made  state- 
ments that  they  had  heard  Mr.  Holden  say  that  it  was  the  plan 

Two  Ways:  Fight  it  Out.  Zehulon  B.  Vance,  Governor  of  North 
Carolina.  'Wisdom's  ways  are  ways  of  pleasantness,  and  all  her  paths 
are  Peace.'  Solomon,  Son  of  David,  King  of  Israel."  Standard,  April 
6,   1864. 

182  Laws  1863-4,  Chap.    11. 

183  The  first  article  passed  the  House  62  to  19,  and  the  second  79  to  0. 
The  vote  in  the  Senate  was  not  recorded. 

184  The  Vance  and  Davis  resolutions  were  at  first  joined,  but  the 
friends  of  the  former  wanted  a  better  vote  and  separated  them. 
Standard,   June   1,    1864. 

185  Resolutions,  1863-4. 

186  Messrs.   Horton,  Hampton,  Gentry,  and  Welborn. 


REJCONSTRUCTION   IN   NORTH   CAROLINA.  6l 

r 

/of  his  party  for  the  legislature  to  call  a  convention  to  take  the 
State  out  of  the  Confederacy.  Mr.  Dick  and  his  other  sup- 
porters had  denied  any  such  thought  or  purpose,  claiming  that 
the  only  object  of  a  convention  was  to  begin  negotiations  with 
other  Southern  States  and  to  make  valid  any  acts  of  Congress 
which  might  be  unconstitutional.^*^  About  the  same  time  Dr. 
Leach,  who,  after  Mr.  Holden,  was  the  most  active  member  of 
the  peace  party,  introduced  in  Congress  a  set  of  peace  resolu- 
tions. They  were  not  considered  at  all,  being  immediately 
tabled,  though  every  member  from  North  Carolina,  except 
B.  S.  Gaither  and  R.  R.  Bridgers,  voted  against  their  being  so 
disposed  of.^^* 

Meanwhile  the  gubernatorial  campaign  dragged  on  without 
interesting  developments  until  July,  when  great  excitement  was 
caused  by  the  discovery  of  the  existence  of  a  secret  and  treason- 
able political  society,  known  as  ''The  Heroes  of  America.^'  ^^^ 
Its  object  was  to  protect  those  who  favored  a  return  to  the 
Union  and  to  increase  their  number  as  much  as  possible.  There 
were  three  degrees,  and  the  initiated  had  numerous  signs  and 
signals  by  which  they  might  recognize  one  another.  The  usual 
name  given  them  and  used  also  by  themselves  was  ''Red 
Strings,"  derived  from  the  badge  of  the  society,  which  was" 
be  worn  in  the  lapel  of  the  coat.  The  idea  was  suggested  by  a 
well  known  Scriptural  story.^^^  The  extension  of  the  society 
had  been  largely  carried  on  by  ministers  and  other  non-com- 
batants. The  revelation  of  its  existence  and  purpose  was  made 
by  a  minister  in  Caswell  county.^^^  He  had  joined,  ignorant 
of  its  nature,  and  when  he  saw  its  designs,  he  made  the  whole 

187  R.    p.   Dick  in  Greensboro  Patriot,  February  18,  1864. 

188  Conservative,    June    1,    1864. 

189  The  Conservative  of  July  6,  1864,  first  called  attention  to  the 
existence  of  the  society.  Most  of  the  confessions  were  made  to  the 
editor  of  the  paper. 

190  Joshua,  ii,  18. 

191  Rev.    Orrin  Churchill. 


^ 


62  RECONSTRUCTION   IN   NORTH   CAROLINA. 

thing  public.  The  society  was  widespread  and  in  constant 
communication  with  the  North.  It  ^as,  naturally,  ardent  in 
its  support„Qf  jyrx^.lIiold£U,..aM-i^^ 

to  vote  for  him  as  aiding  their  cause  and  as  a  member.^^^  One 
confession  led  to  another,  and  within  two  weeks  a  very  large 
number  announced  their  withdrawal  from  membership.  Mr. 
Holden  ridiculed  the  idea  of  its  existence,  but  the  dread  it  pro- 
duced probably  lost  him  many  votes.  He  was  accused  of  being 
in  the  pay  of  the  North,^®^  and  this  was  believed  by  many. 

The  election  in  the  army  came  first,  and  Governor  Vance 
received  a   very   large   majority — 13,209    out    of  15,033  votes        V 
cast.     Evidently  the   "Red   Strings"  had  only  a  smal^^ffmy  y^ 
membership."^^*    The  election  in  the  State  followed'^and  Mr. 
Holdea  carried  only  two   counties — Ran HoTpi^nd  John ston.  ,j^ 
Out  of  a  total  vote  of  72,561  Governor  Vance  had  a  majority? 
of  43,579.     Mr.  Holden  made  accusations  of  fraud  and  intimi- 
dation, but  did  not  press  the  matter,  recognizing  that,  even  if 
his  charges  were  well  founded,  which  was  a  matter  of  doubt, 
there  was  little  possibility  of  securing  redress.^^^    He  issued  an 
address  to  the  people,  declaring  himself  a  friend  of  the  State 
and  Confederate  governments  and  desirous  of  a  vigorous  prose- 
cution of  the  war,  at  the  same  time  favoring  every  effort  for 
peace  on  honorable  terms.^^^ 

102  This  information  was  gathered  from  the  various  confessions  made 
at  the  time  and  published,  and  from  the  statements  made  to  the  writer 
by   living  members   of   the   society. 

i«3  Greensboro   Patriot,   July    21,    1864. 

194  The  Greensboro  Patriot  said  that  many  votes  were  lost  to  Mr. 
Holden  by  no  provision  being  made  for  ballot  boxes  in  the  woods,  where 
most  of  his  military  supporters  were  hiding. 

i»5  A  careful  examination  of  the  records  and  the  newspapers  and 
conversations  with  participants  in  the  election  have  failed  to  show 
the  existence  of  fraud.  Without  question,  voting  for  Mr.  Holden  sub- 
jected one  to  violent  unpopularity. 

196  kitandard,  August   17,  1864. 


RECONSTRUCTION  IN   NORTH   CAROLINA.  63 

Governor  Vance  called  the  Council  of  State  into  session  early 
in  October.  He  then  expected  the  end  of  the  war  to  come  in 
the  last  days  of  1864.  He  urged  prompt  assistance  to  General 
Lee,  and  suggested  that  there  were  many  State  officers  that 
might  well  be  put  into  service.  He  also  mentioned  that  he 
had  called  a  meeting  of  the  governors  of  the  States  east  of 
the  Mississippi,  in  Augusta,  Georgia,  to  agree  upon  some 
uniform  plan  of  action.  He  asked  for  authority  to  call  a 
special  session  of  the  legislature  immediately  after  this  meet- 
ing, but  the  council  unanimously  refused.^^^ 

The  meeting  of  the  governors  was  held  with  no  particular 
result  of  importance,  except  that  the  possibility  of  any  separ- 
ate State  action  was  made  more  remote  than  ever.  Resolutions 
were  passed  calling  for  a  vigorous  prosecution  of  the  war,^^'* 
and  after  some  discussion  the  meeting  adjourned. 

In  the  State  the  autumn  was  gloomy,  with  no  outlook  for  any 
brighter  future.  Depression  was  everywhere,  for  much  of  the 
energy  of  the  State  was  exhausted.  Such  a  large  proportion 
of  her  citizens  were  in  the  military  service  that  a  lifeless  condi- 
tion at  home  followed.  The  conscript  law,  in  spite  of  its  un- 
popularity, had  been  more  thoroughly  enforced  than  in  any 
other  State.^^^  ^In  the  mountains  deserters  from  the  State, 
and  also  from  SctTfli  Carolina,  Georgia  and  Tennessee,  had  YY\' 
assembled,  and  in  some  localities  had  driven  away  the  inhabi-  ' 
tants  who  were  in  sympathy  with  the  Confederacy.  Federal 
officers  were  seen  among  them,  and  in  the  early  part  of  the 
year,  in  accordance  with  a  suggestion  of  General  Sherman,^®® 
a  regiment  was  raised  by  George  W.  Kirk,  who  commanded 
it.2^1 J 

197  Council  of  State  Records,  pp.   161-2. 

198  Off.    Rec.    No.    89,  pp.    1149-50. 

199  President    Davis's    speech    at   Greensboro,    October,    1864. 

200  Off.    Rec,  No.    77,  p.    233-4. 

201  Ibid,  No.  89,  pp.  1251-4;  No.  59,  p.  741. 


.r^ 


64  RECONSTRUCTION   IN    NORTH   CAROLINA. 

The  governor's  message  to  the  legislature  recommended 
that  the  age  limit  for  military  service  be  raised  to  fifty-five 
years,  and  that  more  power  be  given  to  him  as  commander-in- 
chief.  Both  these  recommendations  were  adopted  in  part.^^- 
The  governor  was  authorized  to  ship  $200,000  worth  of  cotton 
and  tobacco  to  be  applied  to  the  necessities  of  the  North  Caro- 
lina prisoners  at  the  North.  Resolutions  were  adopted  pro- 
testing against  arming  the  slaves  and  against  any  legislation 
by  Congress  regarding  the  writ  of  habeas  corpus;  but  on  the 
other  hand  it  was  formally  declared  to  be  the  purpose  of  the 
State  to  continue  the  war  vigorously.  In  secret  session  four 
commissioners  were  appointed  to  visit  Richmond  and  confer 
with  the  President  upon  the  condition  of  the  country.^*^^  Asl 
a  result  of  a  combination  to  defeat  the  Holden  candidate,  Thos.j 
S.  Ashe  w^as  elected  over  Ed\vifl.,iI^L-££ade  to  succeed  W.  T.  j 
DortcTi  in  the  Confederate  Senate. 

Although  the  war  party,  since  the  election,  was  again  in  the 
ascendant,  the  opposition  was  not  silenced  altogether.  Dur- 
ing the  session  of  the  legislature  John  Pool  introduced  in  the 
Senate  a  series  of  peace  resolutions"  which  provided  for  com- 
missioners to  meet  those  from  other  States  and  to  act  upon 
instructions  from  the  President.  These  were  referred  to  a 
committee,  from  which  two  reports  were  made.  That  of  the 
majority  favored  the  adoption  of  the  resolutions.  The  minority 
opposed  adoption,  declaring  that  the  State,  while  it  remained 
a  member  of  the  Confederacy,  could  not  form  such  an  agree- 
ment with  the  other  States  as  was  proposed  by  the  resolutions. 
A  sharp  debate  followed,  resulting  in  the  tabling  of  the  resolu- 
tions.^^* In  the  House  a  resolution  introduced  by  L.  Q.  Sharpe, 
declaring  the  right  of  individual  State  action,  met  a  similar 

202  Laws,  1864-5,  Chap.  20. 

203  Raleigh  Confederate,  February  15,  1865.  Xhis  paper  wa»  the 
successor  of  the  State  Journal  as  the  organ  of  the  Confederate  admin- 
istration . 

204  The  vote  on  tabling  was  :.     to  20. 


RECONSTRUCTION  IN   NORTH  CAROLINA.  6$ 

fate.^"^  A  bill  for  calling  a  convention  was  also  introduced 
but  never  acted  on. 

In  Congress  the  majority  of  the  North  Carolina  members 
were  constantly  urging  that  the  President  should  make  propo- 
sitions for  peace.  In  December  Dr.  Leach  introduced  in  the 
House  of  Representatives  resolutions  declaring  that  secession 
had  taken  place  in  an  unguarded  moment  and  without  deliber- 
ation, and  that  when  the  United  States  should  recognize  the 
reserved  rights  of  the  States,  the  Confederacy  should  treat  for 
peace  on  any  terms  that  the  commissioners  of  both  might  agree 
upon.  On  a  motion  to  reject  all  present  voted  in  the  affirmative 
except  six  of  the  North  Carolina  members.^^^  Three  of  these 
immediately  asked  leave  to  change  their  vote,  as  they  had  only 
voted  that  way  out  of  consideration  for  a  coUeague.-^^  Later 
in  the  session  the  resolutions  were  introduced  and  considered 
in  secret  session.^^® 

The  fall  of  Fort  Fisher  and  the  consequent  capture  of  Wil- 
mington convinced  many  that  there  was  no  need  of  any  fur- 
ther movement  toward  peace,  for  it  would  come  without  aid  in 
North  Carolina.  Some  talk  of  a  convention  again  began,  but 
without  any  effect.  Governor  Vance  still  addressed  the  people 
urging  unity  of  action,  and  public  meetings  were  held  in  vari- 
ous counties,  pledging  support  to  the  Confederacy.^^^ 

After  the  failure  of  the  Hampton  Roads  conference3Ir. 
Graham,  who  was  at  the  time  president  pro  tern  of  the  Con- 
federate  Senate,  and  who  had  been  instrumental  in  bringing 
about  the  conference,  was  one  of  the  committee  which  inter- 

205  McPherson,  History  of  the  Rebellion,  p.  619.  The  vote  was 
52  to   50. 

206  T.  C.  Fuller,  J.  M.  Leach,  J.  T.  Leach,  J.  G.  Ramsey,  G.  W.  Logan, 
and  Josiah  Turner. 

207  Fuller,  Ramsey,  and  J.  M.  Leach. 

208  Conservative,   February    1,    1865 . 

209  Such  meetings  were  held  in  Wayne,  Chatham,  Wake,  Granville, 
Cabarrus,  Halifax,  Mecklenburg,  Gaston,  Rowan,  and  Davidson  counties. 


66  RECONSTRUCTION  IN   NORTH  CAROUNA. 

viewed  the  President  regarding  it.  Afterwards  he  gave  notice 
in  the  Senate  that  he  would  introduce  a  resolution  to  open  nego- 
tiations with  the  United  States,  but  for  some  reason,  probably 
perceiving  its  uselessnees,  he  never  did  so. 

The  most  of  the  people  at  home,  with  all  hope  of  the  success 
of  the  Confederate  cause  gone,  waited  for  the  end  to  come 
with  no  thought  of  the  constitutional  and  political  questions 
which  were  therein  involved. 

6.  Financial  and  Economic  Conditions  in  War. 

When  the  ordinance  of  secession  was  passed  the  total  bonded 
indebtedness  of  the  State  was  $11,119,500.  The  annual  interest 
on  this  sum  amounted  to  $667,170.  There  was  also  an  en- 
dorsement of  railroad  bonds  to  the  amount  of  $150,000.^^^ 
The  greater  part  of  the  debt  had  been  contracted  for  internal 
improvements,  and  all  of  it  had  been  made  since  1849,  the  last 
of  the  bonds  maturing  in  1890.  Before  January,  1866,  $364,- 
000  would  fall  due.  During  the  early  years  of  the  war  more 
bonds  were  issued  for  internal  improvements,  amounting  to 
$1,619,000.^^^  Of  this  amount  $420,000  was  issued  under  acts 
passed  before  May  20.  1861.  To  offset  this  indebtedness  the 
State  held  bonds  and  stocks  of  corporations^^^  to  the  value 
of  $9,297,664.88. 

Before  the  meeting  of  the  convention  the  legislature  author- 
ized three  issues  of  treasury  notes,  amounting  to  $2,000,000, 
and  three  issues  to  the  banks  of  six  per  cent  bonds  to  the 
amount  of  $2,250,000.  The  issues  of  notes  and  bonds  were  to 

210  The  bonds  were  endorsed  for  the  Wilmington  &  Weldon  R.    R. 

211  This  was  for  the  benefit  of  the  Chatham  R.  R.,  Western  R.  R., 
Western  North  Carolina  R.  R.,  and  the  Wilmington,  Charlotte  and 
Rutherford  R.   R. 

212  Bonds  were  held  of  the  Western  R.  R.,  Wilmington,  Charlotte  and 
Rutherford  R.  R.,  and  the  Atlantic  and  K  C.  R.  R.  Stocks  were  held 
of  the  Western,  Atlantic  &  N.  C.  R.  R.,  Raleigh  and  Gaston  R.  R.  and 
North  Carolina  R.  R.,  and  in  the  Albemarle  and  Chesapeake  canal. 


RECONSTRUCTION   IN   NORTH   CAROLINA.       "  67 

alternate.  Banks  were  relieved  of  specie  payment  while  the 
State  owed  this  debt.^^^  At  the  second  extra  session  of  the 
legislature  issues  of  $800,000,  in  notes  of  small  denominations, 
and  $1,000,000  in  large  were  authorized.  The  treasurer  was 
forbidden  to  receive  in  payment  of  public  dues  the  bills  or  notes 
of  any  bank  that  should  refuse  to  receive  treasury  notes  as  cur- 
rency. Holders  of  notes  were  allowed  to  exchange  them  at 
any  time  for  six  per  cent  bonds.-^*  In  December,  1862,  issues  of 
$1,500,000,  in  bills  of  small  denominations,  and  $3,000,000  in 
large  were  provided  for,  redeemable  January,  1866,  and  fund- 
able only  in  twenty-year  bonds,  bearing  interest  at  six  per  cent. 
^^*^In  July,  1863,  Confederate  notes,  without  regard  to  the  date 
of  issue,  were  made  payable  for  taxes,  and  the  treasurer  and 
other  State  officers  were  directed  to  fund  such  notes  in  seven 
per  cent  Confederate  bonds.-^^  In  December  the  treasurer  was 
directed,  in  case  of  a  deficit,  to  sell  six  per  cent  thirty  year  bonds 
not  to  exceed  $2,000,000,  and  also  to  issue  $400,000  in  small 
notes.^^'^  The  following  May  an  additional  issue  of  notes  to  the 
amount  of  $3,000,000  was  provided  for.-^^  In  December,  1864, 
it  was  enacted  that  all  future  treasury  notes,  including  those 
re-issued,  should  be  payable  in  1876.-^^  At  the  same  session 
the  treasurer  was  directed  to  pay  the  debt  of  the  State,  be- 
coming due  in  1865,  in  bonds.--*^ 

The  convention,  in  the  meantime,  had  authorized  the  issue 
after  March,  1862,  of  $3,200,000  in  notes,  redeemable  in 
1866,  subject  to  a  change  of  date  by  the  General  Assembly. 
Included  in  the  same  act  was  provision  for  a  loan,  not  to  exceed 

213  Laws,  first  extra  session,  1861,  Chap.  4. 

214  Ibid,  second  extra   session,   1861,   Chap.    18. 

215  Ibid,   1862-3,  Chap.    29. 

216  Ibid.,  Ex.   Sess.,   1863,  Chap.   12. 

217  Ibid.,  Adjourned  Sess.,   1863,  Chap.  26. 

218  Ibid.,  Adjourned  Sess.,  1864,  Chap.  18. 

219  Ibid.,  1864-5,  Chap.  23. 

220  Ibid.,  1864-5,  Chap.  2. 


68  RECONSTRUCTION   IN   NORTH   CAROLINA. 

$3,000,000,  including  the  amount  already  borrowed  from  the 
banks,  and  the  issue  therefor  of  bonds  bearing  interest  at  six 
per  cent  payable  in  twelve  months  and  redeemable  at  such  a 
time  and  on  such  terms  as  the  treasurer  might  see  fit  to  impose. 
Banks  which  had  loaned  their  pro  rata  share,  and  whose  charter 
forbade  the  issue  of  notes  of  small  denominations,  were  author- 
ized to  make  such  issues.  Specie  payment  should  not  be  re- 
quired as  long  as  the  debt  remained  unpaid.--^  In  December 
an  issue  of  $3,000,000  in  notes  was  provided  for,  bearing  six 
per  cent  interest  and  payable  in  1865.  These  were  receivable 
at  any  time  for  debts  due  the  State  at  the  treasury.  They  were 
also  fundable  in  thirty-year,  six  per  cent  bonds.  None  were 
to  be  re-issued,  but  new  ones  issued  in  their  place  not  to  exceed 
the  original  amount.^-"  The  interest-bearing  feature  was  later 
repealed. ^^^  In  February,  1862,  provision  was  made  for  fund- 
ing any  of  the  treasury  notes  issued  under  ordinance  of  con- 
vention, in  eight  per  cent,  twenty-year  bonds,  or  in  six  per  cent 
thirty-year  bonds.  The  notes  so  funded  could  be  re-issued. 
The  treasurer  was  also  authorized  if  necessary  to  issue  further 
$2,500,000  in  notes,  payable  in  1866.^^* 

In  the  war  period,  thus,  a  total  of  $20,400,000  in  treasury 
notes  was  authorized,  and  of  this  $8,507,847.50  had  been  issued, 
$^,261,511.25  being  withdrawn  later,  leaving  in  circulation  at 
the  close  of  the  war  $5,246,326.25.  Bonds  were  issued  to  the 
amount  of  $13,121,500.^^^  After  deducting  the  unsold  bonds 
in  England,  those  redeemed,  and  those  in  the  sinking  fund, 
the  balance  was  $9,119,000.  Unpaid  interest  and  similar  items 
made  the  total  war  debt,  including  treasury  notes  and  internal 
improvement  bonds,  $16,596,485.61.  But  corporation  bonds 
amounting  to  $6,800,000  were  held  as  a  partial  offset  to  this.^^^ 

221  Ordinances   No.    34. 

222  Ibid,    second   session,   No.    16. 

223  Ibid.,  third  session,  No.  2. 

224  Ibid,  No.  35. 

225'ireasurer's  report,  January   19,   1866. 

226  These  bonds  were  of  the  city  of  Raleigh  and  the  R.  &  G.  R.  R. 


RECONSTRUCTION  IN   NORTH   CAROLINA.  69 

In  addition  to  the  State  debt  individual  counties  owed  a 
sum  estimated  in  1864  ^t  $20,000,000.--'  This  debt  had  been 
contracted  by  the  county  courts,  chiefly  to  provide  for  the 
destitute  families  of  soldiers.  Their  acts  were  legalized  by  the 
legislature  in  i86i.--^ 

The  financial  legislation  of  the  period  is  thus  seen  to  be  com- 
plex, not  because  it  was  part  of  an  elaborate  financial  scheme, 
but  from  its  numicrous  contradictions,  its  multiplicity  of  acts 
and  its  slip-shod  methods.  But  at  the  same  time  it  must  be 
remembered  that  it  was  not  the  work  of  trained  financiers  but 
of  unskilled  men  who  were  suddenly  compelled  to  make 
''bricks  without  straw."  The  fact  that  two  separate  bodies 
were  enacting  financial  legislation  at  the  same  time  was  also, 
in  part,  a  cause  of  lack  of  method.  One  thing  can  be  said  of  it : 
It  bears  eloquent  witness  to  the  confidence  felt  in  the  State 
officers. 

The  banks  of  the  State  suspended  specie  payments  in  No- 
vember, i860.  Resumption,  as  has  been  seen,  was  delayed 
until  the  State  debt  should  be  paid.  In  May,  1861,  the  banks 
agreed  to  lend  the  State  twenty  per  cent  of  their  capital  stock. 
This  proportion,  in  most  cases,  was  largely  increased  later.^^^ 
Bank-note  extension  never  went  so  far  in  North  Carolina  as  in 
the  other  Southern  States, -^^  and  consequently  depreciation 
was  less.  But  Confederate  currency  fell  in  value  to  such  an 
extent  that  the  legislature  in  1863,  attempting  to  raise  it,  passed 
a  resolution  pledging  that  the  State  would  resist  any  attempt 
to  repudiate  it.^^^  Naturally,  with  such  an  immense  volume 
of   currency,    depreciation   began    soon  in  the  State's  notes  as 

227  standard,  June  28,  1864.  Schwab,  Confederate  States  of  America, 
1861-1865,  p.  307. 

228  Act  of  May   11,   1861. 

229  Schwab,   Confederate   States  of  America,  p.    128. 

230  Ibid,  p.  131. 

231  Resolutions,  called  session  1863,  p.    19. 


70  RECONSTRUCTION   IN   NORTH   CAROLINA. 

well.  This  continued  until  the  end  of  the  war,^^^  At  the  be- 
ginning of  the  war  the  banks  had  more  than  a  million  dollars 
in  specie,^^^  and  at  the  close  still  had  $800,000.^^* 

The  State  assumed  the  Confederate  tax  and  levied  a  special 
tax  to  pay  it.  This  was  never  fully  collected.  The  payment 
to  the  Confederate  government  was  in  excess  of  what  was  due 
and  the  State  was  later  reimbursed.  The  Confederacy  also 
paid  it  about  $8,000,000  for  supplies  for  the  army.  The  State 
expenditures  for  military  purposes  to  November,  1864,  were 
nearly  twenty  millions. 

The  military  stores  were  obtained,  for  the  most  part,  from 
Europe  by  means  of  blockade-runners.  In  1862  General  J.  G. 
Martin  suggested  that  the  State  should  purchase  and  operate 
a  vessel  of  its  own.     In  spite  of  opposition^^^  the  plan  was 


232  After  the  war  a  table 
necessarily  imperfect,  it  gives 
it    was, 

Months.                 1861. 
January,                  

of  depreciation  was 
;  some  idea  of  the  pr 

1862.              1863. 

$1.  20            13.  00 
1.30             3.00 
1.  50              4.  00 
1.  60              5.  00 
1.  50              5.  50 
1.  50              6.  50 
1.  50              9.  00 

1.  50            14.  00 

2.  00            14.  00 
2.  00            14.  00 
2.  50            15.  00 
2.  50            20.  00 

adopted, 
ogreis  of  d< 

1864. 
$21.  GO 
21.00 
23.00 
20.00 
19.00 
18.00 
21.00 
23.  00 
25.00 
26.00 
30.00 

While  it  is 
jpreciation . 

1865. 
$50.  00 

February,                

50.00 

March,                     

60.00 

April,                        

]00.  00 

May                          

June,                        

July,                         

August.                    

September,              

October,                   

November,                $1  10 

December,                   1  15 

Dec  1st  to  10th       

35.00 
42.00 
49.00 

al.     Mr.    E 

Dec.  10th  to  20th    

Dec  20th  to  30th     

This  table  is  found  in  Laws,  1866,  Chap.  39. 

233  Report  of  Finance  Committee,   1861. 

234  Governor  Worth's  message,   1865. 

235  B.    F.    Moore  opposed   it   as   unconstitution, 
opposed   it   for  political   reasons. 

[olden   also 

RECONSTRUCTION  IN   NORTH   CAROLINA.  7I 

adopted  and  the  vessel  was  purchased  for  $190,000  and  paid  for 
with  cotton  without  drawing  on  the  treasury.  The  ''Ad- 
Vance,"  as  the  vessel  was  named,  was  an  English  vessel,  built 
for  passenger  service  and  described  by  Governor  Vance  as 
"long-legged."  It  could  carry  eight  hundred  bales  of  cotton 
and  a  double  supply  of  coal.  Thus  it  was  able  to  bring  from 
Bermuda  enough  Welsh  coal  for  the  return  voyage.  Eleven 
successful  trips  were  made.  After  the  fifth  trip  Governor 
Vance  sold  a  half -interest  for  $130,000,  with  which  he  re- 
deemed State  bonds.  The  vessel  was  finally  lost  through  the 
act  of  the  captain  of  the  Confederate  cruiser  Tallahassee.  Being 
short  of  coal  he  took  from  the  "Ad-Vance"  her  extra  supply. 
This  obliged  her  to  make  her  outward  trip  with  North  Carolina 
coal,  which  reduced  her  speed,  left  a  trail  of  smoke,  and  made 
her  fall  a  victim  to  the  Federal  blockaders.^^^  The  State  also 
had  an  interest  in  the  "Hansa"  and  the  "Don."  Their  use, 
however,  was  abandoned  on  account  of  the  excessive  charge 
made  by  the  Confederate  government,  one-half  of  each  cargo 
being  seized.  Through  the  use  of  these  vessels  an  immense 
amount  of  valuable  stores  was  imported.  No  entirely  accurate 
figures  can  be  obtained  as  to  the  amount,  but  Governor  Vance 
said  in  1885^^^  that  he  had  distributed  large  quantities  of  ma- 
chinery, 60,000  pairs  of  hand  wool  cards,  10,000  scythes,  200 
barrels  of  bluestone  for  fertilizing  wheat,  250,000  pairs  of  shoes, 
50,000  blankets,  cloth  for  250,000  uniforms,  12,000  overcoats, 
2,000  Enfield  rifles  with  100  rounds  of  ammunition  each,  100,- 
000  pounds  of  bacon,  500  sacks  of  coffee,  $50,000  worth  of 
medicines  at  gold  prices,  and  an  immense  supply  of  minor 
stores.  Through  this  means  the  North  Carolina  troops  were 
clothed. 

The  State  taxes  were  increased  several  times  during  the  war. 
The  tax  on  real  estate  in  1861  was  one-fifth  of  i  per  cent,  and 
in  1863  it  was  two-fifths  of  i  per  cent,  and  in  1864  was  i  per 

236  Governor's   message,    1864. 

237  Speech  at  Baltimore.  A  more  accurate  and  detailed  account  is  in 
the  Confederate  of  June  28,  1864. 


"J^  RECONSTRUCTION   IN   NORTH   CAROLINA. 

cent.  The  revenue,  consequently,  more  than  doubled  in  amount, 
but  in  specie  value  fell  one-third  in  1862  and  one-half  in  1863.^^^ 
The  revenue  acts  show  a  decided  extension.  That  of  1862 
included  a  graduated  inheritance  tax  on  all  amounts  exceeding 
$100,  and  also  an  income  tax.^^^  Of  all  the  taxes,  the  Confed- 
erate tax  in  kind  bore  most  heavily  and  was,  consequently,  the 
most  unpopular.  To  it  North  Carolina  was  one  of  the  largest 
contributors.  No  accurate  record  can  be  found  of  the  entire 
amount  of  produce  collected.  By  June,  1864,  3,000,000  pounds 
of  bacon,  75,000  tons  of  hay  and  fodder,  770,000  bushels  of 
wheat,  besides  other  produce  valued  at.  $150,000  had  been  col- 
lected.^*^ For  the  other  Confederate  taxes,  the  State  paid,  by 
1864,  $10,000,000. 

During  the  years  immediately  preceding  the  war,  many  of 
the  newspapers  and  a  few  of  the  leading  men  had  advocated 
taking  steps  towards  the  commercial  independence  of  the  South. 
But  the  plan  went  no  further  than  suggestion  before  hostilities 
commenced.  In  i860,  the  manufacturing  interests  of  the  State 
were  of  but  slight  importance.  There  were  39  cotton  factories, 
all  of  them  small.  Of  the  seven  woollen  mills,  only  two,  at 
Rock  Island  and  Salem,  were  of  any  importance.  Iron  was 
worked  to  a  small  extent,  but  the  total  capital  invested  was  only 
$200,000,  and  this  was  distributed  among  more  than  thirty 
plants.  Of  every  kind  there  v/ere  only  3,689  manufacturing 
establishments  in  the  State,  and  out  of  a  population  of  992,622, 
only  14,217  were  employed  in  these  factories. ^^^  It  is  true  that 
home  manufacture  supplied  many  of  the  domestic  needs,  but 
this  was  of  small  aid  in  solving  the  economic  problems  which 
the  war  imposed. 

The  State  was  even  without  an  adequate  source  for  a  supply 
of  salt,  and  this  early  occupied  the  attention  of  the  convention. 
An  ordinance  was  passed,  providing  for  the  election  of  a  com- 

238  Schwab,   Confederate   States   ot   America,   p .    303 . 

239  Laws,    1862-3,   Chap.   57. 

240  Schwab,  Confederate  States  of  America,  p.  297. 

241  The  figures  were  obtained  from  the  census  of  1860. 


Ri:CONSTRUCTlON   IN   NORTH   CAROLINA.  73 

missioner  to  manufacture  salt  and  sell  it  to  the  people  at  cost 
price.-*^  A  later  ordinance  gave  the  commissioner  power  to 
purchase  land  for  salt  works,  and  if  necessary,  seize  it  under 
the  right  of  eminent  domain. ^*^  The  same  act  exempted  from 
military  service  all  persons  under  contract  to  make  salt.  This 
remained  in  force  until  1864,  when  General  Whiting  broke  up 
the  salt  works  and  conscripted  the  employees.^**  In  1862,  the 
governor  was  directed  to  employ  in  the  works,  Quakers  who 
could  not  pay  the  exemption  fee  of  $100.-*^  Dr.  John  M. 
Worth  was  appointed  commissioner.  He  was  later  succeeded 
by  D.  G.  Worth.  The  first  works  were  at  Morehead  City  and 
were  captured  by  the  enemy  before  they  were  well  in  operation. 
Works  were  then  located  near  Wilmington,  and  were  producing 
250  bushels  per  day  when  yellow  fever  broke  out.  The  work 
was  later  resumed  and  carried  on,  with  some  interruptions, 
until  the  capture  of  Wilmington.  The  works  were  raided  by 
the  Federal  troops  in  1864,  but  with  little  damage.  During  the 
year  66,100  bushels  of  salt  were  made  and  sold  at  $7.75,  when 
the  market  price  at  Wilmington  was  $19.  Before  the  end  of 
the  year,  the  price  was  raised  to  $13,  the  market  price  rising  to 
$25.  By  March,  1865,  the  market  price  in  Raleigh  was  $70. 
The  works  were  entirely  self-supporting  and  paid  back  the 
original  outlay.  The  State  was  also  interested  in  the  works  at 
Saltville,  Virginia.  In  addition  to  the  State  works,  it  was  esti- 
mated that  private  individuals  made  about  2,500  bushels  a  day. 
Most  of  this  was  carried  to  other  States  for  speculation.^*^ 
The  value  of  the  salt  works  cannot  be  fully  realized,  unless  the 
conditions  existing  in  the  army  and  in  some  of  the  other  States 
where  no  provision  for  a  supply  was  made,  are  remembered. 

242  Ordinances,    second    session,    No.    8. 

243  Ibid,  third  session.  No.  18. 
224  Worth  Letters    ( unpubHshed ) . 

245  Ordinances,   fourth   session,   p .    164 . 

246  Governor's   message,    1864.     Report   of    Salt   Commissioner,    1864. 


74 


RECONSTRUCTION   IN   NORTH   CAROLINA. 


/i 


The  danger  of  speculation  was  another  thing  which  early 
attracted  attention.  Prices  of  the  necessaries  of  life  began  to 
rise  during  the  first  year  of  the  war  ar]AsogxiJ£^£h£:d^  specu- 
lative point.  lLhQ.Siuneh.rd  was'|5aHicularly  and  justly-abugiye 
of  the  speculalors^nd^  promised  to,.ke£p .  a  ' 'RoUjaf .vDi^^h^jjiior' ' 
for  pu-bJii^ation  at  the  close  of  the  war.^^^  To  lessen  the  evil, 
Governor  Clark,  acting  imHerTTTe'aHvice  of  the  Council  of  State, 
proclaimed  an  embargo  upon  the  exportation  of  certain  supplies 
from  the  State,  except  for  the  use  of  the  State  or  Confederate 
governments.^*^  An  extension  of  this  was  made  a  few  weeks 
later.^*^  The  convention,  at  its  second  session,  made  specula- 
tion in  the  necessaries  of  life  a  misdemeanor.^^^  This  was  evi- 
dently inoperative  for  some  reason,  and  the  legislature  at 
various  times  during  the  war  considered  the  matter.  One  law 
was  enacted  prohibiting  the  practice,^^^  but  it  seems  to  have 
been  utterly  futile.  Governor  Vance  had  recommended  its 
passage  and  at  the  same  time  placed  an  embargo  on  the  neces- 
saries of  life  for  thirty  days.^^^ 

Prices  rose  steadily  as  the  war  progressed. ^^^     A  board  of 

247  standard,  October  2,  November   20,   1861,  et  seq . 

248  Register,  September  25,   1861. 

249  Ibid,   October   9,   1861. 

250  Ordinances,  second  session,  p .    75 . 

251  Laws,  1862-3,  Chap.  56. 

252  Off.   Rec.,  No.    128,  p.    214. 

253  The  following  table,  gathered  from  the  Raleigh  market  reports, 
gives  a  good  idea  of  tne  rise  of  prices  on  various  articles: 


Price,  Sept. 

June  8, 

Aug.  29, 

March  27 

Article. 

15, 1862. 

1863. 

1864. 

1865. 

Bacon,  per  pound, 

$0.33 

$1.00 

$5.50 

$7.50 

Beef,  per  pound, 

.12 

.50 

2.50 

3.00 

Com,  per  bushel, 

1.10 

5.50 

20.00 

30.00 

Meal,  per  bushel, 

1.25 

5.50 

20.00 

30.00 

Coffee,  per  pound, 

2.50 

None 

15.00 

40.00 

Eggs,  per  dozen, 

.30 

1.75 

1.40 

5.00 

Fowls,  each, 

.40 

1.50 

3.00 

6.00 

Lard,  per  pound, 

.30 

1.00 

5.50 

7.50 

RECONSTRUCTION   IN   NORTH   CAROLINA.  75 

appraisement  was  appointed  to  value  articles  for  purchase  by 
the  government,  but  their  prices  were  far  below  the  market. 
Every  two  months  a  new  schedule  of  prices  was  published  for 
the  information  of  the  people. 

Many  families  had  every  male  member  in  the  army  and  no 
other  means  of  support  but  their  labor.  The  pay  of  a  private, 
or  for  that  matter,  of  an  officer,  in  the  Confederate  army,  was 
not  sufficient  for  the  support  of  one  person,  and  consequently 
widespread  distress  soon  appeared.  In  and  around  Raleigh, 
everyone  could  get  a  living  by  working  in  the  factories  and 
hospitals.  But  this  only  a^ected  a  small  part  of  the  population. 
Early  in  his  administration^  Governor  Vance  saw  the  condition 
which  would  arise,  and  took  immediate  steps  to  prevent  suffer- 
ing so  far  as  possible.  He  asked  Mr.  Edwards  to  assemble  the 
convention  to  consider  what  plan  should  be  adopted  to  relieve 
distress,  but  this  request  was  refused  for  some  unknown  rea- 
son. At  the  governor's  recommendation,  the  legislature  author- 
ized him  to  purchase  and  store  provisions  to  sell  to  the  poor  at 
cost.^''*  A  large  quantity  was  purchased  in  the  fall  of  1862, 
•but  only  a  small  part  was  needed,  as  the  crops  were  unusually 
good.^'*^  But  the  value  of  the  plan  was  seen  in  the  later  years 
of  the  war,  when  the  crops  were  smaller  and  food  more  scarce. 
One  great  cause  of  the  distress  in  the  State  was  the  lack  of 
facilities   for  transportation.     This  often   kept   supplies   from 


Price,  Sept. 

June  8, 

Aug.  29, 

March 

Article. 

15,  1862. 

1863. 

1864. 

1865. 

Molasses,  per  gallon, 

3.00 

10.00 

25.00 

25.00 

Potatoes,  per  bushel. 

1.00 

4.00 

7.00 

30.00 

Sweet  potatoes,  per  bushel, 

1.50 

5.00 

6.00 

35.00 

Wheat,  per  bushel. 

3.00 

8.00 

25.00 

50.00 

Flour,  per  barrel, 

18.00 

35.00 

125.00 

500.  00 

Pork,  per  pound, 
Sugar,  per  pound, 

1.60 

4.00 

5.50 

.75 

1.60 

12.00 

30.00 

Brandy  or  whiskey,  per  gal., 

5.00 

20.00 

40.00 

100.00 

254  Laws,  1862-3,  Chap.   15 

255  Governor's  message,  November,  1863. 


t 


i 


^ 


j6  RECONSTRUCTION   IN   NORTH   CAROLINA. 

being  sent  where  they  were  most  needed.  There  were  portions 
of  the  State  where  the  amount  of  suffering  was  very  sHght. 
The  few  record's  that  remain  of  the  tithe  collection,  show  that 
in  many  places  the  crops  were  good  and  food  abundant.  But 
impressment  and  foraging  by  detachments  of  Confederate 
troops,  and  the  foraging  and  destruction  by  the  enemy,  in  the 
eastern  and  western  portions  of  the  State,  led  to  the  loss  of  a 
great  part.  Governor  Vance  sent  frequent  and  bitter  com- 
plaints to  Secretary  Seddon.  In  one  of  his  letters,  he  said : 
"If  God  Alminghty  had  yet  in  store  another  plague  for  the 
Egyptians,  worse  than  all  others,  I  am  sure  it  must  have  been 
a  regiment  or  so  of  half-armed,  half-disciplined  Confederate 
cavalry."^^^  Another  cause  of  just  complaint  was  the  bringing 
of  large  numbers  of  worn-out  horses  to  the  western  part  of 
the  State  to  recuperate.  There,  they  were  turned  loose,  and 
in  the  absence  of  fences  caused  immense  damage  to  the  grow- 
ing crops.  Complaints  to  Richmond,  however,  brought  no  re- 
dress and  no  cessation  of  the  nuisance.^^^ 

A  great  cause  of  suffering  was  the  lack  of  drugs.  Such  as 
were  used  were  mostly  of  home  manufacture.  The  "Ad-Vance"  ■ 
brought  in  large  quantities,  but  nearly  all  were  sent  to  the 
front  or  used  in  the  military  hospitals  in  the  State.  Sickness, 
as  might  be  expected,  was  very  frequent.  Smallpox  existed 
in  many  neighborhoods  and  the  lesser  epidemics  were  every- 
where. In  1862,  Wilmington  was  visited  by  a  virulent  type  of 
yellow  fever  which  in  two  months  caused  441  deaths.  The 
total  number  of  cases  was  1,505.^^^  New  Bern  also  had  a 
sharp  epidemic  of  yellow  fever,  but  it  was  during  Federal  oc- 
cupation and  no  statistics  are  available. 

In  |^y^...t86i,  llit!  legi^ln^'iirr  pii.SiSrd  fti«**fty  law.     This  was 
declared  unconstitutional  by  the  Supreme  Court,  and  was  re-         \ 

256  Vance  to  Seddon,  December  1,  1863.  V 

257  Laws,  second  session,  1861,  Chap.  11.  \.  A  ^"\. 


258  Ibid.,  1863,  Chap.  51. 


^ 


( 


RECONSTRUCTION   IN   NORTH   CAROLINA.  "J^J 

pealed  in  September  and  another  passed.-^^  This  prevented 
executions  being  issued  in  civil  suits.  In  1863,  the  provisions 
of  the  statute  of  limitations  were  extended  for  civil  matters  by 
omitting  the  period  from  May  20th  to  the  end  of  the  war. 

By  1865,  the  State  was,  in  an  economic  sense,  almost  pros- 
trate. The  end  of  the  war  thus  averted  much  suffering  that 
would  have  followed  had  hostilities  continued  longer. 

259  The  following  extract  from  The  Last  Ninety  Days  of  the  War 
gives  an  excellent  idea  of  the  condition  of  the  portion  of  the  population 
that  had  been  wealthy  before  the  war:  "In  North  Carolina  families  of 
the  highest  respectability  and  refinement  lived  for  months  on  corn 
bread,  sorghum,  and  peas.  Meat  was  seldom  on  the  table,  tea  and 
coffee  never;  dried  apples  and  peaches  were  a  luxury.  Children  went 
barefoot  through  the  winter,  and  ladies  made  their  own  shoes  and  wove 
their  own  homespuns;  carpets  were  cut  into  blankets,  and  window 
curtains  and  sheets  were  torn  up  for  hospital  use;  soldiers'  socks  were 
knit  day  and  night,  while  for  home  service,  clothes  were  turned  twice 
and  patches  were  patched  again." 


yS  RECONSTRUCTION  IN   NORTH   CAROLINA. 

CHAPTER  II. 

The:  Beginnings  oe  Reconstruction  During  the  War. 

4  No  sooner  had  the  Federal  troops  gained  a  foothold  in  the 
/  State  than  efforts  were  made  to  gather  together  such  of  the 

/   people  as  favored  the  cause  of  the  Union  and  such  as  were 

/  dissatisfied  with  the  Confederacy,  by  means  of  the  establish- 
ment of  a  new  State  government  around  which  they  might 
rally.  Two  such  attemlpts  were  made,  both  unsuccessful.  In 
the  first  instance,  the  movement  professed  to  originate  within 
the  State.  Although  it  was  sponsored  by  the  Federal  military 
forces,, it  was  designed  to  form  a  civil  government.    The  second 

I     was  avowedly  military  and  had  its  origin  in  an  order  from  the 

I     President  of  the  United  States. 

/.     The  Hatter  as  Convention  and  Government. 

The  fall  of  Fort  Hatteras  and  the  capture  of  Hatteras  Inlet 
by  the  Federal  fleet  and  forces  under  General  B.  F.  Butler  in 
1 86 1,  gave  an  opportunity  for  the  first  enterprise.  Certain  per- 
sons who  were  disloyal  to  the  State  government  began  a 
movement,  avowedly  intended  to  restore  the  State  to  the  Union, 
but  really  designed,  as  the  sequel  indicated,  chiefly  to  promote 
their  own  interests. 

The  population  of  Hyde  and  Washington  counties  was 
sparse  and  was  almost  entirely  unprotected  from  the  invading 
forces.  Practically  all  of  the  male  population  who  were  in 
sympathy  with  the  Confederacy,  were  in  the  army.  Those  at 
home  were  Unionists  in  feeling,  partly  through  genuine  dis- 
like of  the  war  and  a  desire  to  avoid  military  service  for  the 
Confederacy,  and  partly  also  by  fear  of  the  Federal  forces,  at 
whose  mercy  they  were  placed  on  account  of  the  lack  of  any 
adequate  coast  defence. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  79 

Almost  immediately  after  the  capture  of  the  Inlet,  Colonel 
Rush  C.  Hawkins,  of  the  Ninth  New  York  Volunteers,  was 
approached  by  some  of  the  inhabitants  who  had  taken  flight 
at  the  approach  of  the  Federal  fleet,  and  asked  to  grant  them 
permission  to  return  to  their  homes,  as  they  had  taken  no  part 
against  the  United  States  and  had  no  desire  to  do  so.  At  his 
suggestion  about  thirty  took  the  oath  of  allegiance  and  prom- 
ised to  keep  the  commander  of  the  Federal  forces  informed  of 
the  movements  of  the  Confederates.  In  return  they  were  prom- 
ised protection.  Within  a  week,  two  hundred  and  fifty  per- 
sons had  taken  the  oath  under  similar  conditions.  They 
declared  that  secret  meetings  were  being  held  in  all  the 
counties  bordering  on  Pamlico  Sound  and  that  fear  alone  pre- 
vented the  people  from  openly  avowing  their  Union  senti- 
ments/ Colonel  Hawkins,  in  his  report,  suggested  the  possi- 
bility of  a  convention  of  the  State  being  called  by  the  people 
under  the  protection  of  the  Federal  forces,  through  which,  he 
thought,  a  third  of  the  State  would  be  at  once  restored  to  the 
Union.  In  order  to  forward  a  movement  of  this  kind,  as  fast 
as  the  inhabitants  took  the  oath  they  were  sent  across  the  sound 
to  act  as  spies  and  to  test  Opinion  there.  Their  reports  led 
him  to  believe  that  it  would  be  productive  of  good  results  to 
enlist  North  Carolina  volunteers  for  service  in  the  State.  He 
suggested  that,  as  a  pledge  of  good  intentions,  the  government 
should  pay  for  the  property  which  had  been  plundered  and 
destroyed  by  Federal  troops,  not  amounting  in  all,  he  thought, 
to  more  than  $5,000,  and  also  provide  the  inhabitants  with 
food  and  clothing.^  He  was  greatly  hindered  in  his  progress 
towards  pacification  by  the  depredations  of  the  20th  New  York 
Regiment  and  threatened  their  commanding  officer,  Colonel 
Weber,  with  the  use  of  artillery  against  them  if  a  stop  was  not 
put  to  it.^ 

lOff.   Rec,  No.    4,  p.    608. 

2  Ibid,  pp.   608-9. 

3  Ibid.,  No.  4,  p.  610. 


80  RE:C0NSTRUCTI0N  in   north   CAROLINA. 

Acting  upon  his  suggestions,  President  Lincoln,  in  Septem- 
ber, wrote  General  Scott,  requesting  him  to  frame  an  order 
for  recruiting  North  Carolina  volunteers  at  Fort  Hatteras. 
He  left  it  with  General  Scott  to  decide  about  the  officers,  but 
said  Secretary  Seward  thought  his  nephew,  Clarence  Seward, 
'Svould  be  willing  to  go  and  play  colonel  and  assist  in  raising 
the  force."*  In  accordance  with  this,  the  acceptance  of  North 
Carolina  volunteers,  not  to  exceed  one  regiment,  was  author- 
ized. On  September  17th,  Colonel  Hawkins,  in  order  to  clear 
the  minds  of  the  people  of  prejudice  against  the  Federal  forces, 
issued  a  proclamation,  addressed  to  the  people  of  North  Caro- 
lina, declaring  as  the  purpose  of  the  invasion  the  relief  of  the 
loyal  people  of  the  State  from  "rebels  and  traitors,"  and  calling 
upon  the  people  to  return  to  their  allegiance  to  the  United 
States.^  He  scattered  copies  of  this  proclamation  through  all 
the  country  along  Pamlico  Sound  and  sent  them  to  various  in- 
land towns.  Almost  immediately,  the  State  authorities  became 
aware  of  it,  but  Governor  Clark,  while  alarmed  at  the  reports 
which  reached  him,  was  unable  to  do  anything  which  would 
remedy  matters.  Judge  Biggs,  of  the  Confederate  Court, 
wrote  General  R.  C.  Gatlin,  who  commanded  the  Confederate 
forces  in  the  East,  that  he  was  doubtful  if  a  majority  of  the 
population  of  Washington  county  could  be  depended  on,  in 
case  of  invasion,  and  that  while  few  were  openly  disloyal,  the 
sentiment  in  Tyrrell  and  Beaufort  was  such  as  to  cause  grave 
uneasiness.^  This  was  the  condition  of  affairs  when  the  self- 
constituted  leaders  of  Union  sentiment  in  eastern  North  Caro- 
lina began  the  movement  which,  it  was  hoped,  would  result 
in  the  restoration  of  the  State  to  the  Union. 

These  leaders  were  Charles  Henry  Foster  and  Marble  Nash 
Taylor.  Comparatively  little  is  known  of  either  of  them,  Tay- 
lor was  a  Methodist  minister,  a  native  of  the  "Pan-Handle"  of 

4  Off.  Rec.,  No.  4,  p.  613. 

5  Ibid,  pp.  658-9. 

6  Ibid,  p.    671. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  8 1 

Virginia,  who  was  with  the  Confederate  troops  at  Hatteras. 
He  joined  the  Federal  forces  before  the  capture  and  was 
accused,  whether  falsely  or  not,  of  giving  information  to  them 
which  contributed  to  the  ease  with  which  victory  was  obtained. 
In  a  letter  to  a  brother-in-law  in  Cumberland  county,  where 
he  himself  had  formerly  lived,  he  said  that  he  had  been  com- 
pelled by  the  force  of  circumstances  to  side  with  the  Union. '^ 

Charles  Henry  Foster  was  a  native  of  Maine  and  a  graduate 
of  Bowdoin  College.  He  had  first  come  South  in  the  employ 
of  some  land  company,  and  in  i860  was  editor  of  a  Brecken- 
ridge  newspaper  in  Murfreesboro.^  He  was,  apparently,  in 
favor  of  secession,  but  after  the  fall  of  Sumter,  his  attitude 
made  the  people  suspicious,  and  he  was  expelled  from  the  town 
by  a  public  meeting  of  the  citizens.  He  appealed  to  Governor 
Ellis  for  permission  to  remain  in  the  State  and,  through  the 
efforts  of  friends,  the  vote  was  rescinded.  He  in  the  mean- 
time had  declared  his  good  intentions.'*  But  in  November  he 
had  succeeded  in  reaching  New  York,  and  in  company  with 
Taylor  attended  a  large  meeting  at  which  Mr.  George  Bancroft 
presided,  which  was  held  for  the  assistance  and  encouragement 
of  the  proposed  new  administration  in  North  Carolina.^^  The 
plan  of  action  was  largely  mapped  out  there  and  the  State 
Department  was  notified  of  their  intentions  by  Foster,  who 
stated  that  all  the  North  Carolinians  in  New  York,  who  were 
loyal  to  the  Union,  favored  the  plan  and  that  it  was  hoped  and 
expected  that  it  would  largely  increase  the  Union  sentiment  in 
the  State.  He  also  said  that  six  counties  would  be  represented 
in  the  convention,  which  had  already  been  called,  and  that  while 

7  Western  Democrat,  October   1,  1861 . 

8  New   Bern   Process,  December   12,   1861 . 

» Register,  May  21,  1862.  He  stated  in  a  letter  that  his  oath  as 
a  Knight  of  the  Golden  Circle  would  prevent  his  taking  sides  against 
the  South. 

10  New  York   Tribune,   November   8,   1861. 


6 


82  RECONSTRUCTION   IN   NORTH    CAROLINA. 

the  Unionists  of  the  western  part  of  the  State  had  desired 
that  the  movement  should  begin  there,  they  had  agreed 
to  the  plan  as  formed  and  would  ratify  all  the  acts 
of  the  new  administration.  No  change  in  the  laws 
and  constitution  of  the  State,  as  they  were  in  April,  1861,  was 
intended.  The  proposed  government  would  have  authoritv  with 
a  majority  of  the  freemen  of  the  State,  and  when  "rebel  intimi- 
dation" was  disposed  of,  it  would  be  recognized  by  60,000  men, 
since  all  the  great  mining,  railroad,  and  other  business  interests 
of  the  State  were  committed  to  the  plan.^^ 

The  so-called  convention  of  the  people  met,  November  i8th, 
at  Hatteras.  The  minutes  of  the  meeting  name  forty-five  coun- 
ties as  represented.  Only  six  or  eight  persons,  however,  com- 
posed the  convention,  Taylor  and  Foster  holding  what  they 
called  proxies  for  the  rest  of  the  counties  named.  These  so- 
called  proxies  were  authorized  by  no  meetings  of  citizens,  but 

merely  by  individuals,  who,  in  most  instances,  lived  in  other 
States.^2 

By  an  ordinance,  Taylor  was  proclaimed  provisional  gov- 
ernor, and  another  declared  the  ordinance  of  secession  null  and 
void  and  instructed  the  governor  to  issue  a  call  for  an  election 
of  members  of  Congress. ^^  He  took  the  oath  of  office  before  a 
justice  of  the  peace,  and  two  days  later  issued  the  proclamation. 
The  election  was  held  and  Foster  received  all  the  votes  cast. 
He,  accordingly,  presented  himself  in  Washington,  as  a  mem- 
ber from  either  the  first  or  the  second  district.  The  matter  was 
referred  to  a  committee,  which  reported  unfavorably,  and  in 

11  Off.  Rec.  No.  122,  pp.  630-1. 

12  The  following  is  one  of  the  proxies: 

"Lima,  N.    Y.,   November    15,    1861. 
Dear  Sir: — I  address  you  this  line  to  request  you  to  represent  the 
Union  men  of  Onslow  County,  North  Carolina,  in  the  »State  convention 
to  organize  a  provincial  government,  having  once  been  a  resident  of  the 
county  and  knowing  something  of  the  feeling  there  existing. 
Rev.   M.    N.   Taylor.  I  am,  respectively, 

J.   W.   BAILEY  " 
i3Hoii?e  Mis.    Docs.,  No.    2,   37th  Cong.,  2nd   8e»9. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  83 

December  a  resolution  was  passed  declaring  him  not  entitled  to 
a  seat  from  either  of  the  districts  named.^*  He  was  not  dis- 
couraged and  another  similar  election  was  held  January  i6th, 
at  which  he  again  received  all  the  votes.  A  large  number  of 
memorials  requesting  his  admission  were  sent  to  Congress,  and, 
in  the  meantime,  for  some  reason,  possibly  because  he  feared  his 
case  was  weak,  another  election  was  held  January  30th,  with 
the  same  result.  Later,  he  claimed  that  this  was  a  postpone- 
ment from  the  i6th.  Taylor,  as  a  private  citizen,  then  peti- 
tioned Congress  to  order  an  election,  and  Foster  requested  the 
same  thing. 

The  voting  in  all  the  elections  was  in  Hyde  county  only. 
The  memorials  ratifying  his  election  were,  in  several  cases, 
signed  in  only  one  or  two  handwritings,  and  when  he  appeared 
before  the  committee  on  elections,  he  could  give  only  a  very  in- 
adequate explanation  of  the  fact,  but  claimed  that  he  had  been 
rightfully,  if  not  legally,  elected.  He  made  no  claim  for  the 
existence,  de  facto  or  de  jure,  of  the  Hatteras  government,  but 
urged  that  the  Union  men  of  North  Carolina  should  be  recog- 
nized by  Congress.  He  was  forced  to  acknowledge  that  only 
about  four  hundred  citizens  of  the  district  had  expressed  their 
approval  of  his  claim,  although  its  voting  population  was  over 
nine  thousand.  The  chief  basis  for  his  claim  was  the  prece- 
dent set  by  the  admission  of  Maynard  and  Clements  from  Ten- 
nessee, who  had  been  elected  in  somewhat  the  same  way.^^  His 
claim  was  so  poorly  supported  and  his  statements  so  contradic- 
tory that  the  resolution  declaring  him  not  entitled  to  a  seat 
passed  with  no  opposition.  An  attempt  made  to  compensate 
him  as  a  contestant  failed. 

And  so  ended  the  first  attempt  at  reconstruction.^^ 
1*  House  Mis.   Docs.,  No.    15,  37th  Cong.,  2nd  Sess. 

15  House  Reports,   No.    118,   37th   Cong.,   2nd   Sess. 

16  Taylor  became  a  newspaper  correspondent.  Foster  was  later  cap- 
tain of  a  company  of  colored  troops.  In  1868,  he  was  defeated  for  the 
convention . 


84  RECONSTRUCTION   IN   NORTH   CAROLINA. 

//.     The  Administration  of  Bdzvard  Stanly. 

The  second  attempt  at  reconstruction  was  begun  May  19, 
1862,  when  President  Lincoln,  as  commander-in-chief  of  the 
army,  appointed  Edward  Stanly  military  governor,  with  the 
rank  of  brigadier  general.  Unlike  all  the  other  nominations 
of  this  kind,  this  was  never  sent  to  the  Senate  for  confirma- 
tion.^^ He  was  empowered  to  perform  all  the  duties  of  gov- 
ernor, and  to  appoint  officers,  institute  courts,  and  suspend  the 
writ  of  habeas  corpus,  during  the  pleasure  of  the  President,  or 
until  a  civil  government  should  be  organized.^^ 

A  general  belief  prevailed  in  the  North  that  there  was  so 
strong  a  Union  sentiment  in  North  Carolina  that,  with  a  capa- 
ble leader,  the  State  could  soon  be  reclaimed  for  the  Union. 
So  far  as  devotion  to  the  Union  was  concerned,  Edward  Stanly 
was  a  most  suitable  choice  to  ''foster  Union  sentiment."  ^^  He 
was  born  in  North  Carolina  in  1808  and  had  attained  great 
prominence  there.  He  had  been  three  times  a  member  of  the 
House  of  Commons  and  twice  had  been  Speaker.  He  had  also 
been  a  representative  in  Congress,  where  he  had  been  very  in- 
fluential. In  addition,  he  had  served  one  term  as  attorney- 
general  of  the  State.  He  had  removed  to  California  in  1853 
and  in  1857,  although  a  believer  in  slavery  and  a  slaveholder 
himself,  had'  been  nominated  by  the  Republicans  there  for  gov- 
ernor, but  was  defeated.  He  was  a  man  of  high  and  uncon- 
trolled temper  and  was  noted  for  his  bitter  denunciation  of 
political  opponents.  He  made  many  warm  friends,  but  as 
many  equally  bitter  enemies,  and  was  consequently  ill  adapted 
for  a  conciliatory  mission.  The  fact  that  he  was  a  native  only 
made  his  task  more  difficult. 

The  day  after  his  appointment.  Secretary  Stanton  notified  him 
of  his  duties  and  ordered  General  Burnside  to  co-operate  with 

17  House  Reports,  No.  7,    (testimony)   p.  885,  40th  Cong.,  1st  Sess. 
isOflF.  Rec,  No.   9,  p.   396. 

i»  So  expressed  by  Hon.  John  S.  Ely  of  New  York,  in  a  letter  to 
StaiJy. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  85 

him  and  furnish  any  military  assistance  that  might  be  neces- 
sary.^*' Governor  Stanly  arrived  in  New  Bern,  May  26th. 
General  Burnside  was  at  first,  seemingly,  doubtful  of  their  rela- 
tions,-^ but  later  was  thoroughly  in  sympathy  with  his  policy.^^ 
No  sooner  had  he  reached  North  Carolina  than  Stanly,  in  seek- 
ing to  conciliate  the  people  and  to  execute  the  State  laws, 
made  himself  an  object  of  dislike  and  suspicion  to  the  element 
in  Congress  and  at  the  North  to  whom  the  chief  purpose  of  the 
war  was  the  abolition  of  slavery  with  all  its  concomitants.  An 
enthusiastic  gentleman  from  New  England  had  established  a 
school  for  negro  children  in  New  Bern.  Concerning  this  Stanly 
announced  that  while  he  approved  of  kindness  to  the  destitute, 
black  or  white,  he  had  been  sent  there  to  restore  the  old  order  of 
things  and,  consequently,  could  not  give  his  approval  of  the 
school,  as  it  would  injure  the  Union  cause.  He  consented  that 
such  religious  instruction  might  be  given  as  was  thought  best. 
Apart  from  this,  he  said  that  the  laws  of  North  Carolina  for- 
bade the  teaching  of  slaves  to  read  and  write,  and  he  could  not 
expect  success  in  his  undertaking,  if,  at  the  start,  he  encour- 
aged violation  of  the  law.  Consequently,  he  demanded  the 
closing  of  the  school.  In  respect  to  fugitive  slaves,  also,  Stanly 
took  like  ground.  Slaves  were  constantly  leaving  their  masters 
and  coming  into  the  Union  lines,  and  in  many  instances  they 
were  taken  away  by  the  soldiers  and  notified  that  they  were 
free.  Whenever  the  owners  would  take  the  oath  of  allegiance 
to  the  United  States,  Stanly  had  the  slaves  restored  to  them.^^ 
He  also  threatened  with  confiscation  the  owners  of  vessels  who 
carried  off  slaves.-* 

H;  H.  Helper,  who  held  a  civil  position  in  New  Bern,  wrote 
a  letter  to  Stanly  ottering  some  advice  as  to  how  he  should 
execute  the  duties  of  his  office.  Stanly  resented  it  and  ordered 
Helper    to    leave    New    Bern.      He    at    once    went    North, 


20  Off.  Rec,  No.  9,  p.   397.  22  ibid,  p.    403. 

21  Ibid,  p.    394.  23  Ibid.,  p.  400. 
24  Correspondence  of  N.  Y.  Herald,  of  May  31st,  1862. 


86  RECONSTRUCTION  IN   NORTH   CAROLINA. 

in  company  with  Mr.  Colyer,  the  gentleman  whose  school 
had  been  closed,  and  furnished  the  newspapers  with  a 
highly-colored  account  of  Stanly's  official  actions.  This 
led  to  sharp  criticism  of  the  governor  and  to  the  accusa- 
tion that  he  was  in  sympathy  with  the  South.  On  June  3rd  the 
House  of  Representatives  passed  a  resolution  asking>;  the  Presi- 
dent to  furnish  information  as  to  the  powers  conferred  upon 
Stanly  by  his  appointment,  whether  he  had  interfered  to  pre- 
vent the  education  of  children,  black  or  white,  and  if  so,  by 
what  authority.  If  by  the  authority  of  the  government,  for 
what  purpose  were  such  instructions  given?  Simr-lar  resolu- 
tions were  also  passed  in  the  Senate.-^  Secretary  Stanton  re- 
ferred the  matter  to  Stanly,  who  at  once  replied  outlining  his 
policy  and  asking  for  instructions.  The  following  points  on 
which  he  desired  instructions  show  the  difficulties  he  had  to 
meet  almost  daily:  ''When  slaves  are  taken  violently  from 
loyal  owners  by  armed  men  and  negroes,  what  protection  can 
be  given  for  the  future?  When  persons  connected  with  the 
army  cause  slaves  to  leave  their  masters,  can  the  latter,  if  loyal, 
have  permission  and  protection  to  prevail  on  them  to  return? 
Will  authority  be  given  to  prevent  the  removal  of  slave  prop- 
erty by  vessel  without  the  consent  of  the  owners  ?  If  the  mili- 
tary governor  should  interfere  with  actions  that  are  in  violation 
of  long-established  laws  of  the  State,  and  persons  connected 
with  the  army  should  make  inflammatory  appeals  to  a  crowd 
composed  of  several  hundred  negroes,  exhorting  them  to  vio- 
lence and  bloodshed,  what  action  should  he  take  to  prevent  its 
recurrence?  When  slaves  of  loyal  owners  are  employed  by 
the  United  States  authorities,  can  any  steps  be  taken  to  secure  a 
part  of  their  earnings  for  their  owners  ?"  "^^ 

It  is  apparent  that  there  was  a  decided  difference  of  opinion 
between  the  governor  and  the  officers  commanding  in  North 
Carolina,  for  in  April  General  Parke  had  notified  citizens  of 

25  Sen.   Journal,  pp.   553,  666.  26  Off .  Rec,  No.  9,  pp.   401-2. 


RECONSTRUCTION  IN   NORTH   CAROLINA.  87 

Beaufort,  who  had  appealed  to  him  to  prevent  slaves  from  com- 
ing into  his  lines,  that  he  would  not  use  force  to  aid  owners 
in  their  recovery,  but  would  only  allow  them  to  use  persuasion.^^ 
General  Burnside  had  also  adopted  the  policy,  almost  neces- 
sarily, it  is  true,  of  never  returning  any  escaped  slaves  to  their 
owners.^^  In  addition  to  these  difficulties  Stanly  was  beginning 
to  discover  that  a  difference  had  arisen  between  himself  and 
those  with  whom  he  had  been  intimately  associated  in  the  past 
and  that  Union  sentiment  was  at  a  minimum  in  North  Carolina. 
Even  in  New  Bern,  occupied  as  it  was  by  Federal  troops,  very 
little  appeared.-^  This  change  of  sentiment,  since  the  time 
when  he  lived  in  North  Carolina  before,  had  not  been  compre- 
hended by  him  when  he  came  back  to  the  State  and  seemed 
inexplicable. 

In  the  hope  of  arousing  some  feeling  he  visited  the  various 
towns  in  which  he  was  well  known  and  which  were  now  occu- 
pied by  the  Federal  forces  and  made  speeches.^"  But  he  ac- 
complished little  for  the  Union  cause,  for  he  was  generally  re- 
garded with  hatred  and  suspicion  as  a  traitor  to  his  State,  and 
this  kept  from  him  the  support  of  all  men  of  character  and 
influence.  For  a  time  the  Federal  officers  in  the  State  thought 
he  would  be  of  great  benefit  to  the  Union  cause,  but  this  feeling 
disappeared  when  his  policy  was  clearly  seen.^^ 

The  policy  of  the  State  government  and  of  the  Confederate 
officers  was  to  ignore  Stanly's  pretensions  to  the  office  of  gov- 
ernor and  to  communicate  officially  only  with  General  Burn- 
side.^-  In  the  fall  of  1862  Stanly  wrote  to  Governor  Vance 
and  asked  for  an  interview  with  him  or  with  any  citizens  of  the 
State  that  he  might  select.  He  said  that  he  felt  sure  that  North 
Carolina  was  in  the  quarrel  only  through  a  misunderstanding, 
and  he  wished  to  confer  in  regard  to  measures  that  might  lead 
to  an  honorable  peace ;  that  he  was  authorized  to  negotiate  an 

27  0flF.  Rec,  No.  9,  p.  382.  so  Western  Sentinel,  June  27,  1862. 

28  Ibid,  p.  390.  31  Off.    Rec.,  No.    9,  p.    397. 

29  Ibid,  p.    409.  32  Executive  Letters,  Clark,  p.    337. 


88  RECONSTRUCTION   IN   NORTH   CAROLINA. 

exchange  of  political  prisoners  and  wished  this  interview  with 
its  object  to  be  perfectly  open.  Governor  Vance  declined  the 
proposaP^  on  the  ground  that  he  was  without  authority  from  the 
Confederate  government  to  treat  for  peace  and  that  separate 
State  action  was  not  to  be  thought  of.^*  A  correspondence 
with  General  D.  H.  Hill  and  General  S.  G.  French  did  not 
lead  to  any  more  hope  of  reconciliation,  but,  if  possible,  rend- 
ered it  more  unlikely,  since  Stanly  provoked  indignation  by  the 
violence  of  his  language. 

He  was  greatly  handicapped  in  his  peaceful  efforts  by  the 
operations  of  the  Federal  troops  in  the  eastern  part  of  the 
State.  His  argument  that  they  were  ''a  glorious  army  of  noble 
patriots"  lost  its  significance  in  view  of  their  constant  plunder- 
ing and  burning,  and  his  protests  against  this  were  without 
avail.  General  Burnside,  when  he  first  landed  in  the  State,  had 
forbidden  all  unnecessary  injury  to, the  property  or  persons  of 
the  inhabitants,^^  but  when  General  Foster  assumed  command 
no  attention  was  paid  to  this  order.^^  Stanly's  last  official  act 
was  a  protest  against  the  conduct  of  the  troops  in  Hyde 
county.^^  The  condition  of  the  "loyal"  population  was  thus 
pitiful.  Cut  oflF  from  Confederate  protection,  partly  by  circum- 
stances and  still  more  by  their  own  acts,  their  "loyalty"  insured 

33  Mr,  Holden  said  in  1867,  that  on  his  advice,  Governor  Vance  would 
have  consented  to  treat  with  Stanly  for  peace,  but  was  prevented  by 
W.  A.  Graham.  As  the  statement  was  made  in  a  political  attack  upon 
the  latter,  it  is  not  worthy  of  credit.     Standard,  January  16,  1867. 

34  The  correspondence  will  be  found  in  Off.  Rec,  No.  123,  pp.  845-9. 
Governor  Vance  ignored  Stanly's  military  title  and  Stanly  himself  wrote 
as  a  private  citizen. 

35  Off.    Rec,  No.    9,  p.    359. 

36  General  Foeter's  course  was  very  different  from  that  of  most  of 
the  Federal  officers  in  the  State.  In  1863,  he  gave  his  approval  to  a 
plan  for  beginning  a  general  slave  insurrection.  Off.  Rec.,  No.  26, 
pp.    1068-9. 

37  Ibid,  p.    182. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  89 

them  no  immunity  from  outrage  and  violence  at  the  hands  of 
the  Federal  troops. 

In  December  Stanly  ordered  an  election  to  be  held  for  a 
member  of  Congress  from  the  second  district.  Jennings  Pigott, 
a  native  of  the  State  who  had  been  a  resident  of  Washington 
City  for  many  years,  and  had  only  returned  as  Stanly's  private 
secretary,  was  chosen.  Charles  H.  Foster  contested  the  election 
but  neither  was  seated.^^ 

In  the  meantime  Stanly  had  become  convinced  of  the  hope- 
lessness of  his  mission.  More  than  that  he  was  utterly  out  of 
sympathy  with  the  policy  of  the  administration  in  regard  to  the 
slaves.  He  protested  against  the  enlisting  and  drilling  of  them 
on  the  ground  that  subordinate  military  officers  were  unfit  to 
decide  when  their  condition  was  suitable  in  the  meaning  of  the 
President's  proclamation,  and  because  it  created  a  danger  of  a 
servile  war.^^  Finally,  January  15,  1863,  he  sent  his  resigna- 
tion to  the  President,  giving  at  the  same  time  the  reason  for  his 
action.  He  stated  that  he  had  assured  the  people  of  the  State 
that  the  administration  was  only  trying  to  restore  the  Union 
and  would  secure  the  rights  of  the  people.  But  since  the  eman- 
cipation proclamation  any  further  assurance  of  the  kind  was 
impossible.  Regarding  the  proclamation  he  said,  "It  is  enough 
to  say  I  fear  it  will  do  infinite  mischief.  It  crushes  all  hope  of 
making  peace  by  any  conciliatory  measures.  It  will  fill  the 
hearts  of  Union  men  with  despair  and  strengthen  the  hands  of 
the  detestable  traitors  whose  mad  ambition  has  spread  desola- 
tion and  sorrow  over  our  country.  To  the  negroes  themselves 
it  will  bring  the  most  direful  calamities."  He  reviewed  his 
course  as  military  governor  and  said  concerning  this,  "That  I 
have  offended  some  is  probable;  but  they  were  those  whose 
schemes  of  plunder  I  defeated — whose  oppressions  of  the  inno- 
cent and  helpless  I  resisted — whose  purposes  seemed  to  have 

38  Contested  elections,  p.  462.  House  Mis.  39th  Cong.,  2nd  Sess. 
Globe,  pp.    1209-12. 

39  Off.  Rec,  No.  26,  p.   525. 


90  RKCON^rRUCTlON   IN   NORTH    CAROI.INA. 

been  to  join  or  follow  the  troops  and  to  encourage  and  partici- 
pate in  the  most  shameful  pillaging  and  robbery  that  ever  dis- 
graced an  army  in  any  civilized  land."  *^ 

His  resignation  was  accepted  in  March  and  he  returned  to 
California.  No  successor  was  appointed.  In  the  State  it  was 
thought  that  Daniel  R.  Goodloe,  a  North  Carolina  abolitionist, 
would  be  appointed,  but  the  position  probably  seemed  to  the 
President  a  very  useless  one.  In  1864  Mr.  Stanly  wrote  the 
President  that  he  had  been  asked  to  return  to  the  State  and  that 
when  he  was  needed  in  his  private  capacity  he  was  ready  to 
go.*^     But  no  occasion  for  his  services  ever  arose. 

The  second  attempt  at  reconstruction  had  ended  as  disas- 
trously as  the  first,  so  far  as  the  progress  of  Union  sentiment 
was  concerned.*^  It  remained  for  the  military  forces  of  the 
United  States  to  begin  the  final  and  ultimately  successful  at- 
tempt when  all  resistance  in  the  State  to  the  authority  of  the 
United  States  was  at  an  end. 

5,  The  Downfall  of  the  State  Government. 

The  fall  of  Richmond  and  the  steady  advance  of  the  Federal 
army  on  the  State  capital  showed  that  the  end  of  the  struggle 
was  at  hand.  It  was  clear  that  no  effective  opposition  to  Sher- 
man's advance  could  be  made,  and  preparations  were  begun  to 
save  what  little  remained  unhurt  in  the  State,  particularly  the 
property  of  the  State. 

Ex-Governor  Swain,  from  his  retirement  at  Chapel  Hill, 
entered  into  correspondence  with  Mr.  Graham  and  Governor 
Vance.  Perceiving  the  impossibility  of  a  meeting  of  the  legis- 
lature in  time  to  be  of  service,  he  suggested  that  Governor 

40  House  Report  No.  7,   (testimony)   pp.  331-2. 

41  Governor  Stanly,  after  his  return  to  California,  opposed  the  radi- 
cal policy  of  Congress,  and  in  1867,  canvassed  the  State  against  the 
Republican   candidate   for   governor.     He   died   in    1872. 

42  Stanly  was  of  infinite  service  to  the  people  of  New  Bern  as  a  pro- 
tector against  injury. 


RECONSTRUCTION  IN   NORTH   CAROLINA.  9 1 

Vance  should  hold  a  conference  with  the  former  governors  of 
the  State  as  to  the  best  course  to  follow.*^  Mr,  Graham  had 
been  convinced  ever  since  his  return  from  Richmond  at  the 
close  of  the  session  of  Congress  that  the  Confederate  cause  was 
hopeless  and  also  that,  as  long  as  supplies  for  the  army  could 
be  obtained  by  the  administration,  the  war  would  be  continued. 
Consequently  he  thought  it  the  duty  of  the  State  administration 
to  attempt  to  make  as  good  terms  as  possible  with  the  Federal 
forces.  In  any  event  he  thought  it  best  that  the  legislature 
should  be  in  session  and  ready  to  act  when  it  should  be  neces- 
sary. He  accordingly  advised  Governor  Vance  to  this  effect. 
Then,  in  conference  with  Mr.  Swain,  Mr.  Graham  worked  out 
a  complete  plan  of  action :  the  General  Assembly  should  be 
summoned  and  should  pass  resolutions  expressing  a  desire  for 
peace  and  inviting  the  other  Southern  States  to  join  the  move- 
ment ;  commissioners  should  be  elected  to  treat  with  the  United 
States  and  report  to  a  convention  which  should  at  once  be  called, 
and  in  the  meantime  a  commission  should  treat  with  General 
Sherman  for  a  suspension  of  hostilities. 

Mr.  Graham  had  warned  Governor  Vance  that  the  North 
Carolina  members  of  the  Confederate  House  of  Representatives, 
or  most  of  them,  were  ready  to  call  the  legislature  by  advertise- 
ment. But  the  governor  was  still  doubtful  of  the  wisdom  of 
the  proposed  plan.  He  did  finally  summon  the  Council  of  State, 
but  only  a  bare  quorum,  was  present  and  the  vote  on  the  question 
submitted  to  them  resulted  in  a  tie.  The  governor  then  refused 
to  issue  the  summons  to  the  legislature.  But  when  the  plan 
matured  by  Graham  and  Swain  was  laid  before  him  by  the  lat- 
ter and  when  it  became  evident  that  General  Sherman  would 
occupy  the  capital  in  a  few  days  he  yielded,  and  after  consulting 
General  Johnston  decided  to  send  for  Mr.  Graham  and  discuss 
the  question  of  treating  with  the  enemy.  The  conference  was 
held  and  a  letter  to  General  Sherman  prepared,  asking  for  an 

43  Of  these,  Swain,  Graham,  Morehead,  Manly,  Reid,  Bragg,  and  Claj-k 
were  still  living. 


92  RECONSTRUCTION   IN   NORTH   CAROLINA. 

interview  regarding  the  suspension  of  hostilities.**  General 
Johnston  in  the  meantime  had  retired  westward ;  but  before  he 
left  Raleigh  he  advised  Governor  Vance  to  make  the  best  terms 
possible.*^  Ex-Governor  Bragg,  B.  F.  Moore  and  Kenneth 
Rayner  were  consulted  and  agreed  to  the  plan.  General  Hardee 
was  present  at  the  conference  and  gave  Messrs.  Graham  and 
Swain,  who  agreed  to  act  as  commissioners,  a  safe  conduct 
through  the  lines.*^ 

In  Raleigh  there  was  great  excitement  but  very  little  dis- 
order. The  inhabitants  were  busy  concealing  valuables  in  the 
hope  that  they  might  escape  the  usual  fate  of  movable  property 
along  the  line  of  march  of  Sherman's  army.  A  laige  number 
of  houses  in  Fayetteville  had  been  burned  and  it  was  greatly 
feared  that  Raleigh  would  not  escape.  The  legislature,  at  its 
last  session,  had  authorized  the  removal  of  all  the  State  records 
and  cases  had  been  made  for  that  purpose.  The  Council  of 
State,  at  a  meeting  in  March,  decided  that  the  governor  and 
treasurer  or  one  of  them  should  take  the  records  away  if  it  be- 
came necessary.  They  were  now  placed  in  the  care  of  Treasurer 
Worth  and  carried  to  Company  Shops,  a  small  place  in  Ala- 
mance county.  At  the  same  time  an  immense  quantity  of  sup- 
plies belonging  to  the  State  was  distributed  along  the  line  of 
the  North  Carolina  Railroad  between  Raleigh  and  Salisbury. 
Governor  Vance  remained  in  Raleigh  to  hear  the  result  of  the 
conference  with  Sherman,  in  doubt  whether  to  continue  there 
or  to  retreat  with  the  army  as  he  was  urged  to  do. 

The  same  day  General  Archer  Anderson  notified  President 
Davis  that  commissioners  were  going  to  Sherman  with  pro- 
posals for  peace,  and  at  the  same  time  ordered  General  Hamp- 
ton not  to  allow  them  to  pass.  Governor  Vance  also  notified 
President  Davis  of  the  fact.  General  Johnston  then  directed 
General  Hampton  to  arrest  the  members  of  the  deputation,  and 

44  Off.  Rec,  No.  100,  p.  178. 

45Dowd,  Life  of  Vance,  p.    483. 

48  Spencer,  Last  Ninety  Days  of  the  War,  pp.    142-4. 


RECONSTRUCTION  IN 'NORTH  CAROLINA.  93 

to  allow  no  communication  with  the  enemy,  except  by  flag  of 
truce.  In  the  meantime  the  commissioners,  accompanied  by 
three  members  of  the  governor's  staff ,*'^  had  left  Raleigh  to 
meet  General  Sherman  who  was  about  fourteen  miles  distant. 
When  they  had  gone  some  distance  from  Raleigh  they  were 
stopped  by  General  Hampton,  who  was  unwilling  to  pass  them 
but  could  not  refuse  to  obey  General  Hardee's  order.  Conse- 
quently, after  some  delay,  he  passed  them  and  sent  a  courier  to 
General  Sherman  with  communications  from  himself  and  from 
the  commissioners.  They  had  hardly  started  when  the  order 
came  from  General  Johnston  for  them  to  return  to  Raleigh. 
They  were  again  stopped  and  turned  back,  but  on  the  way  to 
Raleigh  the  train  was  captured  by  the  Federal  General  Atkins 
and  the  commissioners  carried  to  General  Kilpatrick's  head- 
quarters. There  they  received  the  first  news  of  Lee's  surrender. 
They  were  from  there  sent  to  General  Sherman,  who  treated 
them  with  every  courtesy  and  with  whom  they  remained  until 
the  next  day.^®  He  requested  them  to  inform  the  governor 
that,  in  accordance  with  his  instructions  from  the  President, 
he  wished  the  State  officers  to  continue  in  the  performance  of 
their  duties  until  he  could  communicate  with  President  Lin- 
coln.*® He  also  replied  to  Governor  Vance's  letter  stating  that 
it  was  impossible  to  give  him  an  interview  at  the  time,  but 
enclosed  a  safe  conduct  for  himself  and  such  State  officers  as 
would  remain  in  Raleigh.^*^ 

When  the  commissioners,  on  their  return,  reached  Raleigh, 
they  found  that  Governor  Vance,  who  in  the  meantime  had 
almost  decided  to  remain  in  Raleigh,  had  again  changed  his 
mind  and  had  gone  to    Hillsboro  with    General  Hoke,    who 

47  These  were  Surgeon-General  Warren,  Colonel  Burr,  and  Major 
Devereux . 

48  Spencer,  Last  Ninety  Days  of  the  War,  pp.    145-55. 
washerman's   Memoirs,    \ol.    II,    pp.    327,    345. 

50  Off.   Rec,  No.    100,  pp.    178-9. 


94  RECONSTRUCTION  IN  NORTH  CAROLINA. 

passed  through  Raleigh  that  day.^^  Before  his  departure  he  had 
authorized  the  mayor  to  surrender  the  city  and  had  written  a 
letter  to  General  Sherman  asking  his  protection  for  the  capital 
and  the  State  property. 

The  next  day  the  city  was  surrendered  by  a  committee  of 
citizens,  and  the  keys  of  the  capitol    were  delivered    by  Mr. 

<Swain  to  an  officer  of  the  Federal  army.^^ 

I  Another  safe  conduct  was  then  sent  to  Governor  Vance,  but 
he  declined  to  return  before  seeing  President  Davis,  who  had 
summoned  him  to  Greensboro.  General  Breckenridge  invited 
him  to  be  present  at  the  conference  with  General  Sherman, 
but  for  some  reason  he  was  excluded  and  went  on  to  Greens- 
boro. There  he  begged  permission  of  the  Confederate  authori- 
ties to  accept  General  Sherman's  offer  of  protection  for  the 
State  property  which  was  in  great  danger  at  the  Shops,  and  to 
send  it  back  to  Raleigh  in  the  care  of  Mr.  Worth.  This  Gen- 
eral Breckenridge  refused  to  allow.  From  Greensboro  Gov- 
ernor Vance  followed  President  Davis  to  Charlotte,  where  he 
had  a  conference  with  him.  Mr.  Davis  intimated  that  he  wished 
Vance  to  accompany  him  in  the  retreat,  but  General  Brecken- 
ridge interfered,  advising  him  to  return  to  his  position  and  its 
duties.^^  This  he  resolved  to  do,  and  accordingly  sent  Mr. 
Worth  to  Raleigh  with  a  letter  to  General  Sherman  in  which 
he  volunteered  to  return,  summon  the  legislature  and  recom- 
mend its  calling  a  convention.^*  But  General  Sherman  had 
left  Raleigh  and  General  Schofield,  refusing  to  see  Governor 
Vance,  instructed  Mr.  Worth  to  bring  the  records  to  Raleigh. 
Negotiations  had  been  going  on  in  the  meantime  between 
Johnston  and  Sherman  in  regard  to  the  terms  of  surrender. 

51  Only  with  great  difficulty  did  Governor  Vance  decide  what  course 
to  pursue.  Mr.  Worth  entreated  him  to  remain  and  surrender  the  capi- 
tol himself,  but  the  influence  of  the  Confederate  officers  probably 
caused  his  decision  to  retreat. 

52  Spencer,   Last  Ninety   Days   of   the   War,   p.    162. 
63  Dowd,  Life  of  Vance,  p .  486 . 

54  Letter  from  Jonathan  Worth  to  the  Sentinel,  October  28,  1865. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  95 

During  the  progress  of  the  negotiations  Governor  Vance  sug- 
gested to  the  former  that  if  they  were  successful  he  should 
turn  over  the  army  stores  to  North  Carolina  in  part  payment 
of  the  debt  owed  to  the  State  by  the  Confederate  government. 
He  stated  as  an  additional  reason  for  doing  so  that  the  soldiers 
in  Johnston's  army  had  taken  possession  of  much  of  the  State 
property.  General  Johnston  declined  to  accede  to  the  request 
and  denied  that  his  soldiers  had  been  guilty  of  plundering  the 
State."^^  When  the  terms  of  surrender  had  been  agreed  upon 
and  General  Schofield  came  to  Greensboro,  Governor  Vance 
asked  his  protection  for  the  State  property  and  offered  to  sur- 
render himself,  but  General  Schofield,  in  accordance  with  his 
instructions,  refused  to  receive  his  surrender  and  advised  him 
to  go  home.^®  Governor  Vance  then  requested  that  William 
A.  Graham,  John  A.  Gilmer  and  Bedford  Brown  might  go  to 
Washington.  By  the  President's  order  this  was  refused.^'^  Gov- 
ernor Vance  then  went  home  and  remained  there  until  May 
14th,  when  he  was  arrested  by  the  President's  order,  car- 
ried to  Washington  and  confined  in  Old  Capitol  Prison.  Just 
before  going  hom.e  he  issued  an  address  to  the  people  urging 
them  to  abstain  from  violence  of  any  kind  and  pledging  himself 
to  do  all  he  could  to  restore  the  civil  authority.^^ 

The  capture  of  Raleigh  on  April  13th  was  accompanied  by 
very  little  disorder.  Private  property,  in  most  instances,  was 
respected,  though  this  was  by  no  means  always  the  case."®  The 
offices  and  property  of  the  Confederate  and  Conservative  news- 
papers were  immediately  destroyed.  A  few  days  later  General 
Sherman  ordered  the  Progress  to  suspend  publication  for  criti- 
cism of  some  act  of  his.  Later  he  allowed  its  publication  to 
continue.  When  the  news  of  President  Lincoln's  assassination 
came  there  was  great  fear  in  Raleigh  that  revenge  would  be 
taken  by  the  soldiers  upon  the  town,  a  fear  that  was  shared  by 

55  Off.    Rec.,  No.    Ill,  pp.    419-20.  57  Ibid,   pp.    395,   404,   432. 

56  Ibid,  No.  100,  p.  426.  ss  standard,  May  3,   1865. 
59  Spencer,  Last  Ninety  Days  of  the  War,  pp.  174,  et  seq. 


96  RECONSTRUCTION   IN   NORTH   CAROI^INA. 

the  officers. ^^  The  guards  were  doubled  and  every  precaution 
taken  and  no  violence  followed. 

There  was  a  great  deal  of  destitution  in  the  city,  and  this 
was  relieved,  in  part,  by  the  action  of  the  military  authorities 
in  furnishing  rations  to  those  in  want.  The  place  was  crowded 
with  negroes  who  had  followed  the  army  or  come  in  from  the 
adjoining  country,  and  these  were  entirely  supported  by  the 
rations  issued.  The  policy  was  adopted  of  making  them  return 
to  their  homes  whenever  possible,  but  this  was  attended  with 
great  difficulty.  Similar  conditions,  as  regards  both  races,  ex- 
isted in  the  other  towns  of  the  State.  In  Wilmington  there  was 
probably  greater  destitution. 

General  Sherman  was  anxious  to  make  use  of  the  existing 
State  government  for  the  purpose  of  re-organization,  but  the 
authorities  at  Washington  prevented  him.  His  wish  was  well 
known  and  members  of  the  legislature  appealed  to  him  to 
allow  them  to  meet  in  Raleigh  and  arrange  for  holding  a  session. 
Of  course  this  request  was  refused.®^ 

Early  in  May  General  Schofield  succeeded  him  in  command 
of  the  State.  The  disturbances  arising  from  the  end  of  the 
war  and  the  disbanding  of  the  armies  were  great,  and  his  efforts 
to  bring  quiet  at  first  met  with  very  little  success.  Proclama- 
tions were  issued  announcing  the  definitive  cessation  of  hostili- 
ties and,  in  order  to  remove  all  doubt,  the  freedom  of  the  slaves. 
^^The  taking  of  the  oath  of  allegiance  was  hastened  by  making 
it  a  prerequisite  for  the  practice  of  a  profession  or  for  engaging 
in  any  business.     Nor  could  marriage  licenses  be  issued  until 

60  Gen.  F.  P.  Blair,  who  was  staying  at  the  residence  of  Dr.  R.  B. 
Haywood,  gave  him  a  suit  of  his  own  uniform,  telling  him  it  might  be 
necessary  for  him  to  become  a  Union  general  instead  of  a  Confederate 
surgeon.  It  i®  a  matter  of  tradition  in  Raleigh  that  General  Logan 
saved  the  city  from  being  burned  by  stopping  the  soldiers  who  were 
coming  in  for  the  purpose. 

61  Off.   Rec,  No.    100,  pp.    254,  272. 

62  General  Orders,  Nos.   31  and  32. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  97 

the  oath  had  been  taken  by  both  parties.^^  The  towns  were  soon 
quiet,  but  the  country  was  not.  Nor  were  the  inhabitants  alto- 
gether to  blame ;  for  the  Federal  troops  did  not  soon  shake  off 
the  habits  formed  during  the  war,  and  even  after  the  proclama- 
tion of  the  final  cessation  of  hostilities  the  plundering  and  wan- 
ton destruction  of  property  continued,  often  accompanied  by 
outrage  and  violence.*^*  This,  however,  was  the  exception,  and 
not  the  rule.  The  disbanded  Confederate  soldiers,  particularly 
the  cavalry,  foraged  to  some  extent  as  they  went  home.  But 
their  opportunities  were  not  so  great  and  their  sympathy,  nature 
ally,  greater. 

To  put  an  end  to  this  condition  of  affairs  General  Schofield 
began  the  organization  of  a  police  force  for  each  county,^^  de- 
tailing  General  J.  D.  Cox  for  the  work  in  the  western  part  of^ 
thebtate.  General  Terry  for  the  ct^tUral  'AM  GeTieriili^  Hawl^y 
an3  Faltner  for  the  eastern.  They  were  instructed  to  have 
bodies  of  troops  visit  all  portions  of  the  State  and  arrest  ma- 
rauders.^" General  Schofield  also  had  the  oath  of  allegiance 
administered  to  certain  magistrates  of  known  Union  sympathies 
and  left  them  in  the  exercise  of  their  functions.^^  Prompt  jus- 
tice was  meted  out  to  offenders,  in  and  out  of  the  army,  when^ 
ever  it  was  possible,"^  and  whenever  the  troops  showed  disor- 
ganization they  were  mustered  out."^  Every  effort  was  used  to 
have  the  restrictions  on  trade  removed,  for  the  commander  felt 
that  peace  would  be  more  quickly  restored  when  destitution, 
resulting  from  the  abnormal  conditions,  was  removed,  and  the 
people  employed  in  their  usual  occupations.  He  also  opposed 
the  rulings  of  the  Treasury  Department  in  regard  to  trade.*^" 

63  General  Orders,  No.  52. 

64  Off.    Rec,  No.    100,  pp.    330,  et   seq.     Last  Ninety  Days  of   the 
War,  pT   43  et  seq. 

65  Off.  Rec,  No.  100,  pp.  460,  522,  et  seq. 

66  General   Orders,   No.    35. 

67  Off.    Rec.,  No.    100,  p.    610  et   s«q. 

68  Ibid,   p.    470. 

69 Ibid,  p.    609.  70 Ibid,    p.    593. 

7 


98  RECONSTRUCTION  IN  NORTH   CAROI.INA. 

The  delay  in  making  known  the  policy  of  the  government 
regarding  re-organization  of  the  civil  government  was  consid- 
ered very  unfortunate  by  General  Schofield,  since  he  was  con- 
vinced that  the  people  of  the  State  were  well  disposed  and  were 
ready  to  make  and  accept  any  necessary  changes."^^  For  the 
re-organization  he  desired  the  appointment  of  a  military  gov- 
ernor who  should  declare  the  Constitution  of  the  State  as  it 
existed  previous  to  secession  in  force,  and  appoint  officers  to 
serve  until  the  work  was  completed.  An  enrollment  should 
then  be  made  of  all  citizens  qualified  to  vote  by  State  law,  after 
administration  of  the  amnesty  oath.  A  convention  should  be 
called  and  its  action  submitted  to  the  people.  He  was  anxious 
to  be  selected  as  military  governor  for  North  Carolina,  pro- 
vided some  such  plan  as  this  was  adopted,  but  if  negro  suffrage 
was  to  be  included  he  preferred  to  have  no  part  in  'V^  General 
Halleck  recommended  him  for  the  position  but  later  withdrew 
his  endorsement  on  the  ground  that  he  could  not  recommend 
anyone  who  had  advised  Sherman  to  make  the  terms  which  had 
been  proposed  with  Johnston.'^^  ^General  Schofield's  measure 
for  pacification  and  conciliation,  meanwhile,  were  meeting  with 
such  success  that  when  he  applied  for  leave,  early  in  June,  he 
said  that  the  presence  of  troops  in  the  State  seemed  almost 
unnecessary.'^*  His  conduct  of  affairs  met  with  the  hearty  ap- 
proval of  his  superiors,^^  and,  in  every  way,  he  deserved  and" 
received  the  cordial  gratitude  of  the  people  of  the  State.    ^ 

71  Off.  Rec,  No.  100,  pp.  405,  411. 

72  Ibid.,  pp.  461-3. 

73  Ibid,  pp.  434,  454. 

74  Ibid,  p.  513.  . 

75  Ibid,  p.  586. 


V;  ■  ,:  RECONSTRUCTION   IN   NORTH   CAROLINA.  99 

■  CHAPTER  III. 

PRESIDENTIAL  RECONSTRUCTION. 

I.  The  Provisional  Government. 

On  May  9,  1865,  the  President  summoned  W.  W.  Holden 
to  Washington  for  a  conference.  He  was  detained  and  did 
not  reach  there  until  the  i8th.  In  the  meantime  D.  L.  Swain, 
B.  F.  Moore  and  William  pntn"  ^^"1  p^^^  been  summoned.^  In 
company  with  J  ohn  H.  Wheeler  the  latter  were  received  by  the 
President,  who  showed  them  tbe  proclamation  which  had  al- 
ready been  prepared,  containing  the  plan  for  the  restoration  of 
North  Carolina.  Mr.  Moore  at  once  objected  and  urged  its 
unconstitutionality.  He  desired  the  President  to  allow  the  leg- 
islature to  meet  and  call  a  convention.  General  Sherman  had 
promised  transportation  for  the  members  on  the  military  lines 
in  the  State,  and  it  could  be  accomplished  very  quickly.  The 
President  took  the  ground  that  the  body  had  no  legal  status, 
and  asked  further  what  he  could  do  if,  after  recognition  by  him, 
it  should  refuse  to  conform  to  the  terms  deemed  necessary. 
Mr.  Moore  assured  him  that  there  was  "no  one  of  that  body 
who  might  not  be  led  back  into  the  Union  with  a  silken  thread." 
In  the  discussion  he  grew  very  caustic,  particularly  so  in  stating 
his  objection  to  the  appointment  of  the  governor  by  the  Presi- 
dent and  the  calling  of  a  convention  without  the  intervention 
of  the  legislature.  The  President  was  very  good-natured,  but 
was  unchangeable  in  his  opinion  and  plan. 

The  day  after  their  interview  with  the  President  they 
returned  to  the  White  House  at  his  invitation  and  found 
another  party  from  North  Carolina  present.  It  was  made  up 
of  those  that  Mr.  Holden  h?d  brouo:ht  with  him.^    The  Presi- 

lOff.    Rec,  No.    100,  pp.   489. 

2  The  members  of  the  party,  besides  Mr.  Holden,  were  R.  P.  Dick, 
Willie  Jones,  W.  R.  Richardson,  J.  H.  P.  Russ,  W.  S.  Mason,  Rev. 
TTSOsmSSmner,  and  Dr.R^J^  Powell.  The  latter  was  a  native  of  the 
StateT-^wWrng  a  po:^ition  in  the  Patent  Office. 


lOO 


RECONSTRUCTION   IN   NORTH   CAROLINA. 


i 


dent  laid'  before  them  the  amnesty  proclamation  and  the  North 
Carolina  proclamation,  leaving  blank  in  the  latter  the  name  of 
the  provisional  g-overnor,  saying  that  he  would  appoint  the 
person  they  should  nominate.  Moore,  Swain  and  Eaton  de- 
clined to  take  any  part  in  the  proceedings  and  left  the  room  as 
did  the  President.  Mr.  Holden's  name  was  inserted  by  those 
remaining  and  the  President,  on  his  return,  expressed  himself 
as  much  gratified  at  their  choice  and  duly  made  the  appoint- 
ment.^ 

It  is  an  interesting  speculation  as  to  who  would  have  been 
appointed  by  President  Lincoln.  The  North  Carolina  proclam- 
ation had  been  prepared  the  day  of  his  assassination,*  and  it 
is,  at  least,  likely  that  he  had  some  one  in  mind  for  the  posi- 
tion. It  is  hardly  likely  that  it  would  have  been  Mr.  Holden.^ 
His  appointment  was  the  one  that  President  Jofinson  would 
have  been  expected  to  make,  for  there  was  much  to  make  him 
appear  to  the  President  the  most  suitable  man  for  the  position. 
Between  Johnson  and  Plolden  there  was  the  bond  of  like  social 
origin  and  like  political  opinions  in  the  past,  and  this  fact 
coupled  with  their  old  friendship  and  communication  during 
the  war  makes  it  probable  that  Holden  was  the  choice  of  the 
President  and  that  his  nomination  by  the  committee  was  only  a 
matter  of  form.  At  any  rate  it  was  certain  that  the  members 
of  the  delegation  selected  with  three  exceptions  by  Mr.  Holden, 
would  choose  him. 


3  The  account  of  the  interviews  with  the  President  is  in  \^heeler*6 
Reminiscences,  p.  60  et  seq.  It  is  interesting  to  know  that  among 
the  candidates  for  provisional  governor  was  George  W.  Kirk,  already 
notorious  for  his  part  in  the  border  warfare  in  tKe'  West,  and  destined 
to  become  again  fnmous,  or  rather  infamous,  in  the  ReconstructioB 
history  of  the  State.     Spencer,  Last  Ninety  Days  of  the  War,  p.  229 

4McCulloch,  Men  and  Measures  of  Half  a  Century,  p.  378. 

BThe  late  D.  F.  Caldwell,  of  Guilford,  stated  that  he  had  authorita- 
tive information  that  President  Lincoln  had  considered  his  name  and 
that  of  Jonathan  Worth,  and  had  finally  decided  upon  the  latter  for  the 
position.  The  author  has  been  unable  to  find  any  other  evidence  sub- 
stantiating this  or,  in  fact,  any  contradicting  it. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  lOI 

President  Johnson,  formally,  began  his  policy  of  reconstruc- 
tion on  ^av  29th  bv  issuing  a  proclamation  granting  general 
amnesty  and  pardon  to  those  who  had  been  engaged  in  rebellion 
against  the  authority  of  the  United  States.  This  restored  rights 
of  property  except  in  slaves  and  except  when  legal  proceedings 
for  confiscation  had  been  instituted.  An  oath  was  provided  to 
be  taken  by  all  accepting  the  benefits  of  the  proclamation.  It 
was  as  follows:  '*I.  . .  .do  solemnly  swear,  (or  affirm),  in  the 
presence  of  Almighty  God,  that  I  will  henceforth  faithfully  sup- 
port, protect  and  defend  the  Constitution  of  the  United  States 
and  the  Union  of  the  States  thereunder;  and  that  I  will  in  like 
manner  abide  by  and  faithfully  support  all  laws  and  proclama- 
tions which  have  been  made  during  the  existing  rebellion  with 
reference  to  the  emancipation  of  slaves.  So  help  me  God." 
Fourteen  classes  of  persons  were  excepted  from  the  benefits  of 
this^ pfoclaniation.  These  included  the  executive  and  diplomatic 
officers  of  the  Confederacy,  those  who  left  the  service  of  the 
United  States  to  aid  the  Confederacy,  the  governors  of  the 
States  in  insurrection,  all  military  and  naval  officers  in  the  Con- 
federate service  whose  rank  was  above  that  of  colonel  and  lieu- 
tenant, respectively,  and  all  who  voluntarily  took  part  in  rebel- 
lion whose  taxable  property  exceeded  in  value  $20,000.  Any 
person  belonging  to  an  excepted  class  could  make  application 
to  the  President  for  a  special  pardon,  and  a  promise  of  liberal 
executive  clemency  was  extended.  The  Secretary  of  State  was 
directed  to  establish  rules  for  the  administration  of  the  oath. 

The  same  day  the  President  issued  another  proclamation^^::. 
p^^^^^j^lII-B^Tn^"^  U/  l-lr^nTp^;r"p|-Qyi.«;inn^1  jTQvernor  rtf  Nn|-t}^  ,, 
C^-oHfia.  ,.>^his  was  the  first  of  a  series  of  similar  proclama- 
tions for  the  other  Southern  States.  It  ^yas  based  upon  the  war 
power  of  the  President  as  commandej-in-chief.  It  gave  the 
provisional  governor  so  appointed  power  to  prescribe  the  neces- 
sary rules  for  calling  and  assembling  a  convention  whose  dele- 


102  RECONSTRUCTION   IN   NORTH   CAROLINA. 

gates  should  be  chosen  by  the  portion  of  the  population  that 
was  loyal  to  the  United  States  at  that  time  when  it  should  be 
called.  This  convention  was  given  authority  to  exercise  all 
powers  necessary  to  restore  the  State  to  her  constitutional  rela- 
tions with  the  Federal  government,  and  present  such  a  Republi- 
can form  of  government  as  would  entitle  the  State  to  the  guar- 
antee of  the  United  States  against  invasion,  insurrection  and 
domestic  violence.  It  was  directed  to  prescribe  qualifications  | 
for  electors  and  for  holders  of  office.  The  proclamation  itself  I 
prescribed  as  qualifications  for  electors  and  delegates  to  the  con- 
vention that  they  should  have  taken  the  amnesty  oath  as  pro- 
vided in  the  President's  proclamation,  and  that  they  should  be 
voters  qualified  by  the  State  Constitution  in  force  previous  to 
May  20,  1 86 1.  All  persons  in  the  military  and  naval  service 
were  directed  to  aid  the  provisional  governor  and  enjoined  from 
hindering  and  discouraging  the  loyal  people  from  organizing 
a  State  government.  The  Secretary  of  State  was  directed  to 
put  in  force  in  the  State  the  laws  of  the  United  State's,  the 
administration  of  which  belonged  to  his  department.  The  Sec- 
retary of  the  Treasury  was  instructed  to  nominate  officials  and 
put  in  execution  the  revenue  laws.  The  postmaster-general  was 
directed  to  establish  post-offices  and  post  routes  and  put  the 
postal  laws  in  execution.  The  district  judge  was  directed  to 
hold  courts  within  the  State,  and  the  attorney-general  was  in- 
structed to  enforce,  through  the  proper  officers,  the  administra- 
tion of  justice  in  all  matters  within  the  jurisdiction  of  the  Fed- 
eral courts,  and  to  libel  and  bring  to  judgment,  confiscation 
and  sale  all  property  subject  to  confiscation.  The  heads  of  the 
departments  of  the  Navy  and  Interior  were  given  instructions 
similar  to  the  others. 

Secretary  Seward  formally  notified  Governor  Holden  of  his 
appointment  the  same  day  the  proclamation  was  issued.     For     ^\} 
some  reason  he  was  not  required  to  take  the  "iron-clad"  oath  as 
were  the  other  provisional  governors.     The  appointment  was 


RECONSTRUCTION   IN   NORTH   CAROLINA.  IO3 

announced  to  the  State  through  the  Standard  a  week  later,  and, 
at  the  same  time,  Mr.  Holden  retired  from  the  nominal  editorial 
control  of  the  paper. 

As  might  be  imagined  the  appointment  was  not  received  in 
the  State  with  unmixed  gratification.  It  had  been  the  hope  of 
the  majority  that  some  man  might  be  chosen  who  was  without 
the  bitter  enmity  of  so  large  a  proportion  of  the  people.  But 
after  it  was  a  settled  fact  there  seems  to  have  been  a  general 
disposition  to  give  Holden  a  fair  chance,  both  from  a  desire  to 
support  the  President  and  from  policy.  But  though  the  feeling 
against  him  was  hidden,  it  was  no  less  intense. 

Cn  June  12th  Governor  Holden  issued  a  proclamation  which 
had  first  been  submitted  to  the  President  for  approval.  After 
a  summary  of  the  President's  North  Carolina  proclamation  the 
governor  outlined  his  policy.  He  stated  that  a  call  would  soon 
be  issued  for  a  convention  of  the  people,  which  would  provide 
for  the  election  of  a  governor  and  legislature.  That  the  lat- 
ter would  elect  two  United  States  Senators,  and  a  general  elec- 
tion would  also  be  held  for  members  of  Congress.  He  an- 
nounced that,  in  conformity  with  the  rules  established  by  Sec- 
retary Seward,  he  would  appoint  justices  of  the  peace  to  ad- 
minister the  amnesty  oath,  and  through  subordinates  hold  the 
election  for  delegates  to  the  convention.  These  justices  would 
be  further  authorized  to  hold  county  courts  and  appoint  sheriffs 
and  clerks.  Other  necessary  officers  would  be  appointed  by 
the  provisional  governor  to  serve  until  the  meeting  of  the  con- 
vention. He  invited  the  loyal  people  of  the  State  to  assist  him 
by  taking  an  interest  in  public  affairs,  by  discouraging  disloyal 
sentiment,  and  by  electing  to  office  friends  of  the  Federal  gov- 
ernment. He  devoted  some  space  to  violent  abuse  of  the  Con- 
federate government,  congratulating  the  people  on  tlieir  deliver^ 
ance  from  it.  The  latter  part  of  the  proclamation  contained 
good  and  kindly  advice  to  the  colored  people  of  the  State, 
with  a  promise  of  assistance  from  the  government  and  the  peo- 


\ 


104 


RECONSTRUCTION   IN   NORTH   CAROLINA. 


'V. 


^ 


;*/' 
^ 


I; 


pie  wherever  it  was  deserved.  He  closed  with  a  declaration  of 
^tharity  for  all,  with  malice  towards  none." 

Beginning  soon  after  the  close  of  hostilities^a  series  of  Union 
meej;ings  were  held  in  the  State.    Of  these  there  Were  tWOdiS- 

tin<^F  fypefe"'. 'Til ''Orfe^cIII.S|^  which  wa£_jium£nj[:al^the-  -smaller;  ^ 

there  was  manTfested  an  inclination  to  win  favor  at  the  North 
by  violent  abuse  of  the  Confederacy  and  its  leaders,  in  oblivi6n7 
apparently,  of  the  fact  that  four  years  before  many,  if  not  the 
majority,  of  those  who  prompted  this  policy  had  been  enthusi- 
astic members  of  the  ''last  man  and  last  dollar"  party.  The 
majority  of  the  meetings,  however,  passed  resolutions  simply 
acknowledging  that  the  war  had  been  a  failure,  expressing 
gratification  at  the  return  of  peace,  and  declaring  a  desire  to 
return  to  full  allegiance  to  the  United  States. 

Governor  Holden  moved  very  slowly  and  carefully  in  carry- 
ing out  the  work  of  re-organization.  This  was  made  necessary 
by  the  duties  of  his  position  which,  at  the  time,  were  enormously 
increased  by  the  thousands  of  applications  for  pardon  and  by 
the  necessity  of  appointing  magistrates  and  other  officers.  The 
delay  in  calling  a  convention  caused  extreme  dissatisfaction  in 
the  State,  and  criticism,  which  was  hardly  just,  followed. 

The  governor's  action  regarding  pardons  admitted  of  and 
caused  better- founded  criticism.  He  recommended  the  pardon 
of  a  large  number  of  original  secessionists  and  war  men,  and 
advised  the  suspension  of  the  pardon  of  such  men  as  AYiUiam 
A.  Graham,  John  A.  Gilmer,  Josiah  Turner,  John  M.  More- 
head  and  many  others  who  had  striven  against  secession  and 
for  thfe  Union  until  hostilities  had  actually  commenced.  This, 
naturally,  gave  great  offense  to  the  latter  and  their  friends. 
No  other  adequate  reason  than  personal  prejudice  can  be  found 
for  this  action.®     In  spite  of  his  recommendation  to  the  con- 

6  In  his  unpublished  memoirs,  written  many  years  afterwards,  Gov. 
Holden  said  it  was  to  protect  the  President  from  pardoning  too  many 
prominent  "rebels,"  and  because  he  thought  Graham  and  Turner  were 
not  sufficiently  in  sympathy  with  him. 


\ 


i 


-^    >^    or  THE 

UNIVERSITY 

OF 

RECONSTRUCTION   IN   NORTH   CAROLINA.  IO5 

trary  a  pardon  was  granted  to  ex-Governor  Bragg."^  Ex-Gov- 
ernor Clark  made  application  for  pardon  and  was  told  by  Gov- 
ernor Holden  that  he  would  oppose  its  being  granted,  as  he 
would,  under  no  circumstances,  recommend  or  approve  Vance's 
pardon,  and  if  he  should  make  any  discrimination  it  would  give 
Vance's  friends  ground  for  attacking  him.  The  application 
was  never  forwarded  to  Washington,  and  was  found  in  the 
office  by  Governor  Worth  during  the  following  winter.^^  In 
other  ways  not  calculated  to  win  friends  Governor  Holden  ,, 
used  tTid^power  he  had  in  obtaining  pardons.^ 

To  assist  him  in  corr.nninicatino-  with  the  President  Governor 
Holden  appointed  Dr.  R.  J.  Powell  agent  of  the  State  in  Wash- 
ington. Through  him  the^resident  was  informed  of  the  gov- 
ernor's opinion  of  the  various  petitioners  apart  from  his  formal 
endorsement.  All  the  applications  were  referred  by  the  Presi- 
dent to  the  attorney-general  for  investigation.^"  On  several 
occasions  pardons  were  issued  without  the  approval  of  Gov- 
ernor Holden.  Mr.  George  Mordecai  and  Dr.  W.  G.  Hawkins, 
both  prominent  in  Raleigh  in  a  business  way,  went  to  Wash- 
ington and  were  unable  to  find  any  trace  of  their  applications 
for  pardon  in  Mr.  Speed's  office.    At  his  suggestion  they  filed 

7  Trinity  College  Historical  Papers,  Series  JIT,  -PP-    103-5.  ly^ 

» 'EiimuUv^^l.ei±ern;-^WoRliryorrX  pp.    234-5. 

9 The  following  correspondence   gives   an  example   of   this: 

"Weldon,  N.  C,  Sept.  18,  1865. 
To  Mr.   Hanes, 

Secretary   to   Governor   Holden. 
Why  have  I  not  been  pardoned  as  well  as  John  B.  Odom,  J.  W.  New- 
Pon,    Samuel    Calvert,    and    others?  THOS.    I.    PERSON. 

"Raleigh,   September,   18,   1865. 
To  Thos.    I.    Person,  Weldon,  N.    C. 

Sir: — Your  despatch  received.  The  governor  instructs  me  to  say 
that  Mr.  Odom's  pardon  has  not  been  received  but  will  be  received  in 
time  for  him  to  take  his  seat  in  the  convention.  Also  that  the  pardon 
of  those  who  may  take  part  against  Mr.  Odom  and  Dr.  Barrow  for  the 
co-A^ention    in   Northampton    will    be    delayed.  L.    HANES, 

Private  Secretary . " 

10  Record  of  the  Provisional  Governor,  p.    123. 


/ 


t 


I06  RECONSTRUCTION   IN   NORTH   CAROLINA. 

new  ones  which  the  President  signed.  Governor  Holden  had 
advised  suspension  of  pardon  in  their  case  and  he  at  once  com- 
plained to  the  President,  who  declined  to  revoke  their  pardons, 
but  notified  him  through  Dr.  Powell  that  he  might  tax  them  | 
for  their  pardon  as  he  saw  fit.^^  Governor  Holden,  however, 
took  no  action  of  the  kind,  but  wrote  that  he  was  losing  ground 
because  pardons  were  granted  for  personal  reasons  when  those 
recommended  by  him  were  not  acted  on.^^  By  June  2.J,  1866, 
pardons  had  been  issued  to  citizens  of  North  Carolina  to  the 
number  of  19 12.  Of  these  1450  bore  the  recommendation  of 
Governor  Holden  and  419  of  Governor  Worth.  Most  of  the 
latter  were  made  before  Governor  Worth  took  office.  It  is  im- 
possible to  ascertain  how  large  a  number  of  persons  belonged  to 
the  classes  excepted  by  the  President's  proclamation.  Over  two 
thousand  applications  for  pardon  were  forwarded  to  Wash- 
ington, but  there  were  many  in  the  excepted  classes  who  did  -- 
not  apply.  Of  the  pardons  issued  815  were  granted  to  Con- 
federate postmasters,  many  of  whom  had  been  United  States 
postmasters  prior  to  1861.  510  came  under  the  thirteenth  ex- 
ception, that  is,  were  worth  more  than  $20,000.  The  remainder 
of  the  pardons  in  the  main  were  granted  to  Confederate  army 
officers  above  the  rank  of  colonel,  tax  assessors,  mail  contrac- 
tors and  carriers,  members  of  the  legislature  and  a  variety  of 
minor  officers.  A  few  who  had  held  high  office  received  par- 
dons and  the  circumstances  under  which  some  were  granted  are 
interesting.  John  A.  Gilmer  was  recommended  by  a  number  of 
his  former  colleagues  in  the^^^th  Congress  and  by  several  army 
officers  stationed  in  North  Carolina,  including  General  J.  D. 
Cox.  J.  C.  Washington,  who  had  been  a  member  of  the  seces- 
sion convention,  was  recommended  by  Mr.  Speed,  the  attorney- 
general,  on  condition  that  he  should  arrange  with  the  freedmen 
on  his  land  in  a  manner  satisfactory  to  the  Freedmen's  Bureau. 

11  Dr.  Powell  wrote  Gov.  Holden  that  they  had  been  obtained  by  a 
pardon  broker  who  was  a  cousin  of  the  attorney-general. 
1- Executive    Letters,    Provisional    Governor,    p.     61. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  IO7 

William  ^,  Qpham's  pardon  was  granted,  in  spite  of  Governor 
Holden's  request  to  the  contrary,  on  the  recommendation  of 
thirty-eight  members  of  the  State  Senate  and  forty-three  mem- 
bers of  the  House/^ 

By  the  end  of  July  Governor  Holden  .had->Appointcd  over 
three  ttjpusand  map^istratcs.  He  had  also  appointed  mayors^jjQd 
commissioners  for  the  towns  J  ^  His  ^jflort  was  to  till  all  these 
plaqes^with  Union  men.  In  one  instance  he  declared  the  action 
of  a  county  court  titi'Tl  and  void  because,  in  the  past,  the  county 
officers  appointed  by  it  had  been  disloyal  to  the  United  States. 
He  ordered  a  new  election  of  officers,  appointing  at  the  same 
time  new  magistrates,  until  there  was  a  working  majority  of 
those  of  whose  opinions  he  could  be  certain. ^^  In  another  case 
he  revoked  the  commissions  of  certain  magistrates  against 
whom  objections  were  raised.  In  the  same  period  appoint- 
ments were  made  of  directors  and  proxies  for  the  various  cor- 
porations in  which  the  State  had  an  interest,  and  of  judges  and 
solicitors  of  the  State  courts.  In  almost  every  ir|<itanrp  tVip  ap- 
pointees had  originally  been  Whi^s.  K.  F  ^^'^^  ^^'^  ^^^  ^"^Y 
Q^iocrat  chosen  to  a  high  position.  He  had  been  appointed 
a  Federal  judge  By  the  President  soon  after  the  establishment 
of  the  provisional  government,  but  could  not  take  the  oath  re- 
quired by  law,^®  and  after  two  months'  waiting  for  the  repeal  of 
the  law,  resigned  and  was  made  a  provisional  judge.  George 
W.  Brooks  was  then  appointed  and  qualified. 

About  this  time^^  charges  were  made  at  the  North  that  Union 
men  were  ignored  in  the  appointments  to  office  made  by  the 
provisional  governors.  The  animus  of  these  reports  is  easy 
to  perceive  and  was  recognized  at  the  time.  Ground  was  given 
for  them  regarding  North  Carolina  by  the  Progress,  which  for 

13  House  Ex.  Docs.,  No.   32,  1st  Sess.   40th  Cong. 

14  Executive  Letters,  Provisional  Governor,  p.    20. 

15  Record   of   the   trovisional   Governor,   p.    139. 

16  Act  of  March  2nd,  1862. 
iTAusnist,  1865. 


io8 


RECONSTRUCTION   IN    NORTH   CAROLINA. 


a  time  represented  the  State  as  entirely  disloyal,  and  also  by 
the  correspondence  to  the  Northern  newspapers.  The  latter 
painted  such  a  lurid  picture  of  the  conditions  in  the  State  that 
suspicion  was  aroused  as  to  its  source.  An  examination  made  by 
Dr.  Powell  showed  that  the  matter  was  never  telegraphed  from 
North  Carolina  as  was  claimed,  but  was  probably  written  in 
Washington. ^^  In  many  instances  allusions  were  made  to  per- 
sons as  prominent  in  the  State  who  were  unknown  there.  The 
President,  while  not  crediting  the  reports,  notified  Governor 
Holden  that  they  were  being  circulated.^^  Governor  Holden 
was  thus  attacked  at  once  on  both  sides,  for  in  the  State,  in  ad- 
dition to  the  matter  of  pardons,  many  of  his  appointments  were 
criticised.  It  certainly  cannot  be  said  with  justice  that  he  was 
favorable  to  the  former  secession  element,  unless  to  those  who 
had~-changed  during  the  War.  Publicly  anci  in  private  he  in- 
sisted that  they  must  be  content  to  follow,  not  lead,  in  the  work 
of  re-organization.  His  enforcement  of  the  directions  con- 
tained in  the  proclamations  and  orders  of  the  President  seems 
to  have  been  careful  and,  on  the  whole,  impartial.  He  refused 
to  allow  the  unpardoned  stockholders  of  the  railroads  to  take 
part  in  the  meetings  and  gave  notice  that,  when  a  majority 
of  the  stock  was  controlled  by  such  persons,  the  State  would 
take  charge  of  the  corporation's  affairs  until  they  had  been 
pardoned. ^^  This  is  a  fair  type  of  his  action  when  questions 
of  the  kind  had  to  be  settled  by  him. 

Throughout  this  period  the  governor  was  giving  attention  to 
all  the  various  details  of  State  government,  multiplied  by  the 
war  and  the  prostration  of  the  people  resulting  therefrom. 
Leaving  out  all  question  of  motive  or  of  action  in  certain  indi- 
vidual cases,  h[s  work  wR^  "^^Hl  tj^tip  He  was  less  proscriptive 
than  might  have  been  expected  or,  in  fact,  than  was  expected 
when  he  was  appointed,  in  view  of  the  events  of  the  preceding 

18  Executive   Letters,   Provisional   Governor,   pp.    40-2. 

19  ..en.  Docs.  No.  26,  p.   iJ3,  Ist  Sess.   39ti.  Cong. 

20  Executive   Letters,    Provisional    Governor,   p .    73 . 


RECONSTRUCTION  IN   NORTH   CAROLINA.  IO9 

-  i 

five  years,  and  he  showed  consideration  for  the  feeh"ngs  of  his 
opponents  by  securing  Vance's  release  on  parole  on  account  of 
the  illness  of  his  wife,  and  by  various  other  acts  to  which  his 
kindly  nature  impelled  him. 

Finally,  on  August  8th,  he  issued  a  proclamation  ordering 
the  election  of  delegates  to  a  convention  to  meet  October  2nd. 
Justices  of  the  peace  in  every  county  were  directed  to  administer 
the  amnesty  oath  and  provide  for  holding  the  election  in  accord- 
ance with  law.  By  his^  delay  in  ordering^th^  p\prX\n-f{  he  had 
made  it  possible  for  many  to  vote  who,  otherwise^  would  have 
been  dis(^u^^^^^_i^^^^^j^p3Tdon. 

There  was  very  little  discussion  during  the  campaign  of  any  . 

issues.  The  questions  of  secession  and  slavery  were  regarded  ffQ^ 
as  definitely  ~sefl!Hf"and- only  the  matter  of  the  war_(idiLj*e-  ^ 
mained.  It  was  generally  thought  that  the  convention  ought 
not  to  act  upon  this  at  all  during  the  first  session,  and,  beyond 
some  little  discussion  of  the  matter  in  the  newspapers,  little 
was  said  regarding  it.  The  Standard  published  during  the 
campaign,  under  the  heading  ''Union  Landmarks,"  the  follow- 
ing as  its  policy :  ''The  prompt  non- recognition  of  debts  con- 
tracted by  the  State  in  aid  of  the  rebellion;  but  an  equally 
prompt  determination  to  pay  every  cent  of  the  State  debt  con- 
tracted previously  to  the  war."  But  less  than  a  month  later  it 
declared  that  by  non-recognition  it  meant  that  the  convention 
should  leave  the  question  untouched.-^ 

The  quiet  in  politics,  which  had  settled  over  the  State  at  the  .^V 
close  of  hostilities,  now  began  to  be  broken  by  disagreements  ^  ^ 
between  the  StandardarK^  the  SentineL    The  latter  was  a  paper    ^    ,^ 


established  shortly  before  in  Raleigh  and  edited  by  Willi,ajft  E.       ^ 

Pell,  a  former  assistant  of  Mr.  Holden.    It  soon  began  to  rep-  ^^  \\ 

resent  the  anti-Holden  eleillWlL  wllidl  was  beginning  to  appear,  ^        V 
and,  in  fact,  was  in  part  responsible  for  the  appearance.    It  en-         -  ^ 

21  Standard,  August  25,  1865.  The  editorial  columns  of  this  paper 
must  be  regarded  as  expressing  the  views  of  Governor  Holden,  as  he 
controlled   it  actually,   if  not  in  name. 


\ 


no  RECONSTRUCTION   IN   NORTH   CAROLINA. 

dorsed  the  administration  of  Governor  Holden  until  after  the 
meeting  of  the  convention,  but  at  times  criticised  his  actions. 
This  was  regarded  by  the  Standard  as  amounting  to  treason 
and  disloyalty  to  the  United  States,  and  it  at  once  made  charges 
that  an  attempt  was  being  made  to  revive  Confederate  issues. 

r,  ->  The  question  of  the  eligibility  of  unpardoned  persons  to  seats 
¥  "^  1  in  the  convention  was  the  cause  of  some  discussion.  William 
?^,^^'^  I  A.  Graham  was  the  choice  of  Orange  county  but  declined  to 
t  ih^  !  be  a  candidate  because  he  had  not  been  pardoned,  stating  at 
V  ci  a  ^^  same  time  that  he  believed  that  he  was  eligible.  Governor 
%  Vj  -^ci  Holden  appealed  to  the  President  for  a  decision  in  the  matter 
^  J  '*A\and  was  sustained  in  his  opinion  that  no  person  who  was  un- 
'^    i  ipardoned,  and  so  not  a  voter,  could  qualify  as  a  delegate.    The 


President  also  informed  him  that  any  unpardoned  person, 
ielected  to  the  convention,  would  be  immediately  pardoned  upon 
ibis  recommendation.^^ 

-^^he,  administration  of  the  amnesty  oath  and  preparations  for 
the  election  were  carried  on  quietly  with  little  question  of  any 
kind  being  raised.     Occasionally  there  were  complaints  of  par-        N 
tiality  being  shown,  i  In  Rutherford-eeuftty  about    forty  per-       Vs. 
sons  were  not  allowed  to  take    the    oath  because    they  were     """' 
"original  war  men."     They  went  to  Morganton  and  took  it 
before  the  military  authorities  there,  but  were  not  allowed  to 
vote  at  the  election  in  Rutherford. ^^ 

The  election_wasJieM_.pjeaceaMy„.in.,, every  part  of  the  State 
except  at  Concord,  the  county-seat  of  Cabarriisr  General  Ruger 
had  given  ordefs'tHat  on  election  day  no  soldier  Shpuld  visit  the 
polls  or  even  leave  camp,  unless  summoned  by  the  civil  au- 
thorities,^* and  in  no  instance  were  they  required.  The  trouble  - 
at  Concord-was  xaused  bj^the  attempt  of  a  party  of  intoxicated 
negroes  to  vote.    A  Union  veteran,  who  lived  in  the  town,  fired 


"2  Sen.  Does.  No.   26,  p.   223,  Ist  Sess.   39th  Cong. 

23  Executive  Letters,  Provisional  Governor,  p.    96. 

24  Standard,   September   16,    1865. 


'// 


C^t^ 


J" 


RECONSTRUCTION  IN   NORTH   CAROLINA.  Ill 

a  pistol  into  the  crowd  of  freedmen  and  precipitated  a  sharp 
little  fight,  which,  however,  had  no  serious  results.^^ 

Many  persons  who  were  regularly  qualified,  refused  to  take 
anxj)art"urtIg31egiQa,j:a^^  in  every  case,  the 

candidates  were^ieteted.  This  refusal  to  endorse  what  was 
lelt  to  be  the  dictation  of  the  provisional  governor  showed  what 
might  be  the  attitude  of  the  State  towards  him  in  the  fall  elec- 
tions after  the  convention  should  have  completed  the  work  re- 
quired of  it  and  adjourned,  leaving  the  government  to  be  car- 
ried on  directly  by  the  people. 

Governor  Holden  was  much  gratified  at  the  general  result 
of  the  election,  but  greatly  chagrined  at  the  defeat  of  Dr.  Leach 
and  Chief  Justice  Pearson.  He  assured  the  President  that  the 
ultra  Union  men  or  "straitest  sect"  would  control  in  everything. 
Eleven  persons  who  had  not  been  pardoned  were  elected,  but 
on  his  recommendation  they  received  pardons  in  time  to  take 
their  seats.-^ 

2.  The  Convention  of  i86§. 

The  convention  thus  secured  by  Governor  Holden,  in  accord- 
ance wtpTtHelPresident's  dii'ei!liuHS,  iiiefinllaleigh^on  the  ap- 
pointed day-^Octob^r  2M-^and  organized  by  unanimously 
electing  Judge  Edwin  G.  Reade  president.-'  Among  its  mem- 
bers were  fe3yVLwho.Md: mi^^  and  none 
who  were  very  prominently  connected  with  the'^s^ece'ssiorT 
party.  MosI~oFTherif"were  old  Whigs  who,  while  opposed  to 
secession,  had  submitted  to  the  will  of  the  majority.  With 
these,  and  among  them  were  many  rnexaJbexs.^'^fa^t^gag^^arty 
during  the  war.  The  delegates  were  unanimous  in  tHeir  desire 
to  restore  the  State  to  normal  relations  with  the  Federal  gov- 

25  standard,  September  28,  1865. 

26  Sen.    Docs.    No.    26,  1st   Sess.    39th  Cong. 

2TAn  informal  ballot  had  already  been  held.  Nathaniel  Boy  den  re- 
ceived the  second  largest  number  of  votes  in  this. 


112  RECONSTRUCTION   IN   NORTH   CAROLINA. 

ernment,  and  this  was  constantly  shown  as  the  session  pro- 
gressed. 

As  a  whole,  probably,  the  body  was  composed  of  less  able 
men  than  the  convention  of  1861,  but  it  was  by  no  means  lack- 
ing in  ability.     Three  of  its  members  had  also  been  delegates 

to  the  convention  of  1835.^^  '^^^^'^Ll3[^ii^^G--^^^^^^^^^^^^^^~^l  ^^^ 
jieceasiooLConvention , ^,^  Two  had  been  in  the  Confederate  Con- 
gress,^^  and  twaJbad^been  UnioiL-,rangers.  A  majority  were 
-JUiddle-aged,  very  few  bemg  either  very  young  or  very  old.^^ 
The  most  prominent  member  and  probably  the  ablest  was  B. 
RMoore^f  Wake.  His  record  as  a  Union  sympathizer  was 
unbroken,  although  he  was  unable  to  take  the  "iron-clad"  oath, 
having  been  a  memlber  of  the  Board  of  Claims  elected  by  the 
convention  of  1861.  Thomas^SettleJud.cre  George  Howard, 
William  EaiiQrij  Nathaniel  Boyden,  Edwarcl  "Cohigland^  D..P^^ 
Fereb€e.^J[udge  M.  ET  Manly  and  Bedford  Brown  all  took  a 
prorninent  parTlrr- the  debates  and  were  the  leaders  of  the  con- 
yentionT"""'*'**"'"'^^ — .~..>~^.,, 

E^wtfT'Cr  Reade,  the  president,  had  long  been  a  prominent 
lawyer  in  the  State.  He  had  served  one  term  in  Congress,  and 
while  there,  in  1856,  was  the  only  member  from  the  South  who 
voted  to  censure  Keitt  for  his  part  in  the  assault  upon  Sumner. 
In  1 86 1  he  was  elected  a  delegate  to  the  convention  which  the 
people  rejected,  but  refused  to  be  a  candidate  for  the  later  one, 
as  he  was  opposed  to  secession.  He  was  for  a  short  time 
a  Confederate  Senator,  and  in  1863  was  elected  a  judge  of  the 
Superior  Court.  Governor  Holden  appointed  him  a  provis- 
ional justice  of  the  Supreme  Court.  He  was  a  most  suitable 
choice  for  presiding  officer  and  proved  a  very  able  one.  When 

28  The=e  Avere  Messrs.    Faison,  Dockery  and  Gilliam. 

29  These  were  John  Berry,  Bedford  Brown,  R.  P.  Dick,  George  How- 
ard, Giles  Mebane,  R.  L.  Patterson,  R.  S.  Donnell,  A.  H.  Joyce,  E.J. 
Warren,  D.   H.   Starbuck,  and  W.    A.    Smith. 

80  E.   G.  Reade  and  G.  W.   Logan. 
31  Sentinel,   November    11,    1865. 


Ri:CONSTRUCTlON   IN   NORTH   CAROLINA.  II3 

he  took  the  chair  he  made  a  very  eloquent  address  closing  as 
follows:  "Fellow  Citizens,  we  are  going  home.  Let  painful 
reflections  upon  our  late  separation  and  pleasant  memories  of 
our  early  union  quicken  our  footsteps  toward  the  old  mansion, 
that  we  may  grasp  hard  again  the  hand  of  friendship  which 
stands  at  the  door,  and  sheltered  by  the  old  homestead  which 
was  built  upon  a  rock  and  has  weathered  the  storm,  enjoy  to- 
gether the  long,  bright  future  which  awaits  us." 

The  governor's  message  was  brief.  He  reviewed  the  Presi- 
dent's position  in  regard  to  the  reconstruction  of  the  Southern 
States,  praising  its  breadth  and  liberality  and  congratulating 
the  members  on  the  favorable  conditions  under  which  they 
met.^^  He  alluded  to  the  questions  of  secession  and  slavery 
but  made  no  mention  of  the  disposition  of  the  war  debt. 

The  first  subject  of  discussion  by  the  convention  was  the 
abrogation  of  the  ordinance  of  secession.     SoHiaras  the  end  to 


be  obtained  was  concerned  the  convention  was  a  .^nit.     Ke-^         j^ 

garding  the  lHeans'^'''^ecided  difference  was  noticeable.     On^PJ^i^' 
the  third  day  Mr.  Jones  of  Rowan  ijitroduced  an  ordinance  re-     ^    t^  , 
pealing  the  ordilfl'lllLL  ul"  i-ecession,  wTEh~~a  -declaration  that  the 
convention  in  no  sense  endorsed  the  theory  of  secession,  but  ^ 

wished  simply  to  repeal  the  ordinance  out  of  consideration  for 
the  feelings  of  their  fellow  citizens  who  had  believed  in  it,  and 
from  a  desire  for  cordial  reconciliation.     The  same  day  Mr. 
Roy  Hep  irnm  the  committee  on  the  subject  reported  the  foP" 
lowing  ordinance: 

''Be  it  ordained  by  the  delegates  of  the  good  people  of  the 
State  of  North  Carolina  in  convention  assembled,  and  it  is 
hereby  declared  and  ordained  that  the  ordinance  of  the  con- 
vention of  the  State  of  North  Carolina,  ratified  on  the  2ist  day 
of  November,  1789,  which  adopted  the  Constitution  of  the 
United  States,  and  also  all  acts  and  parts  of  acts  of  the  General 
Assembly  ratifying  and  adopting  amendments  to  the  said  Con- 
stitution, are  now  and  at  all  times  since  the  adoption  and  rati- 
fication thereof  have  been  in  full  force  and  effect,  notwithstand- 

32  Journal,  p.    11. 

8 


114  RECONSTRUCTION   IN   NORTH   CAROLINA. 

ing  the  supposed  ordinance  of  the  20th,  of  May,  1861,  declaring 
that  the  same  be  repealed,  rescinded  and  abrogated,  and  the 
said  supposed  ordinance  is  now  and  hath  been  at  all  times,  null 
and  void." 

Mr.  Jones's  ordinance  was  then  tabled  indefinitely  without 
discussion.  The  following  day  Mr.  Ferebee  offered  a  substi- 
tute, differing  in  form  from  the  draft  reported  bv  the  com- 
mitee,  and,  in  fact,  embodying  a  compromise  between  this  and 
the  one  proposed  by  Mr.  Jones.  A  sharp  debate  then  followed. 
The  opposition  to  the  committee's  draft  was  led  by  Judge 
toward.  He  prefaced  his  speech  with  a  declaration  that  he 
had  voted  heartily  for  secession  but,  convinced  that  it  was  a 
failure,  he  was  ready  to  do  all  in  his  power  to  effect  a  restora- 
tion; that  so  far  as  the  United  States  was  concerned  the  ordi- 
nance of  secession  had  always  been  null  and  void;  but  to  the 
people  of  the  State  it  was  the  charter  under  which  they  had 
acted  and  carried  on  a  de  facto  government  for  four  years,  and 
he  would  not  wrong  them  by  taking  it  away.  During  the 
period  of  the  war  the  State,  sustaining  its  action  by  arms,  was 
to  all  intents  independent,  with  all  the  machinery  of  govern- 
ment in  the  full  exercise  of  its  functions.  If  the  ordinance 
of  secession  had  no  effect,  all  acts  in  the  period  following  were 
null  and  void.  He  denied  that  the  mihtary  power,  while  sus- 
taining a  theoretical  independence  of  the  State  had  succeeded 
in  making  independence  actual  for  any  period,  and  held  that 
consequently  opposition  to  the  ordinance  under  discussion  did 
not  mean  hostility  to  a  restoration  of  the  Union.  Others  op- 
posed the  proposed  ordinance  on  the  ground  that  it  was  a  re- 
flection on  the  convention  of  1861^  and  because  the  convention 
was  by  nature  a  legislative  body  and  not  a  judicial  one.^^ 

B..JEL  Moore^_vd3D  drew  the  committee's  ordinance,  said  his 
main  reason  for  favoring  it  was  that  through  it  the  right  of 
citizenship  in  the  United  States  would  be  retained,  and  not 
otherwise.    He  did  not  believe  that  declaring  the  ordinance  of 

33  Andrews,  The  South  Since  the  War,  pp.    144,  151. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  II5 

secession  null  and  void  would  permanently  invalidate  all  acts 
done  during  the  war,  but  said  that  the  convention  could  make 
them  valid  by  an  additional  ordinance.^*  A  great  deal  of  feeling 
was  shown  in  the  debate  by  several  of  those  favoring  the  com- 
mittee's ordinance.  Judge  Warren,  who  voted  for  the  ordinance 
of  secession  of  1861,  declared  that  the  object  of  the  substitute 
was  to  ^'hoodwink"  the  convention  into  an  endorsement  of  se- 
cession,^^ Mr.  Phillips  voiced  the  sentiment  of  a  large  number 
when  he  said  that  as  the  convention  of  1861  had  expressed  an 
opinion  one  way  a  body  of  equal  rank  should  register  a  counter 
opinion,  and  as  the  functions  of  a  convention  of  the  people  in  its 
sovereign  capacity  were  both  legislative  and  judicial,  it  could 
either  repeal  or  declare  null  and  void  the  acts  of  a  former  body. 
As  secession  was  a  creature  of  the  mind  and  could  not,  in  conse- 
quence, be  affected  by  the  success  or  failure  of  an  army,  it  was 
necessary  to  declare  against  it.^*' 

The  substitute  was  rejected  by  a  vote  of  94  to  19.^^  The 
original  was  then  put  upon  its  second  reading  and  passed  with 
nine  still  voting  in  the  negative.^^  A  few  moments  later,  after 
some  discussion  as  to  whether  another  reading  was  necessary, 
it  passed  its  third  reading.  Several  delegates,  including  Judge 
Howard  and  Mr.  McKoy,  voted  against  it,  and  a  still  larger 
number,  including  Judge  Manly  and  Mr.  Ferebee,  declined  to 
vote.3'  SQC^g§ion,,  ^kendy  d<itTid  in  Noith  rfflrolina  fnr  inmp.. 
time  past,  was  legally  pronounced  never  to  have  had  life. 

34  Andrews,  The  South  Since  the  War,  pp.   150-1. 

35  Ibid,  p.    151. 

36  Ibid,  p.  147. 

37  The  following  voted  nay :  Messrs .  Alexander,  Allen,  Brown,  Conig- 
land,  Eaton,  Faison,  Ferebee,  Hanrahan,  Howard,  Jarvis,  Joyner,  Ken- 
nedy, Manly,  McKoy,  Melver,  Mebane,  Murphy,  Ward,  Winborne,  and 
Wright. 

38  These  were  Messrs .  Allen,  Faison,  Ferebee,  Howard,  Joyner,  Manly. 
McKoy,  Murphy  and  Ward. 

39  Judge  Howard  relates  that  Judge  Manly  and  Mr.  Ferebee  were 
about  to  leave  the  hall  before  the  vote,  but  stayed  with  him.     Mr. 


¥ 


M 


Il6  RECONSTRUCTION   IN   NORTH   CAROLINA. 

On  Qgtober  5th  Mr.   Sej:de--xepuDi^^  ordinance  forever 

prohibiting  .^avery  in,, the  State.     A  few  of  the  members  at- 
tempted to  have  the  cause  of  its  aboHtion  inserted  as  a  pre- 
amble, but  the  plan  failed  and,  two  days  later,  the  ordinance 
was  passed  unanimously.*^    It  was  then  provided  that  both  or- 
dinances should  Sie^submitted  separately  to  the  people  at  the 
'\  next  election.*^     An  amendment  was  offered  to  this  providing 
•^    that  the  people  should  vote  on  the  question  in  the  words  ''Se- 
\^     cession"  or  ''No  Secession"  and  ''Slavery"  or  "No  Slavery." 
.  k     This  was  purely  for  political  purposes  and  was  resented  by 
^^S      those  who  had  opposed  the  anti-secession  ordinance.     Judge  \ 
f;      Howa^rdj  in  opposing  the  amendment,  attacked  bitterly  those "T* 
^       who  never  spaKe~"o reacted  for  the  Union  until  the  Confederacy  I 
fell  and  th^n-EecSL^IpTO^scn^^  vindictive.*^     This  was 

aimed  at  several  of  the  members  of  the  convention  and  was 
applicable  to  many  more.*^ 

The  two  great  objects  of  the  convention  were  thus  accom- 
plished. There  still  remained  other  matters  of  importance, 
mainly  internal  in  their  nature.  These  were  settled  in  the  next 
few  days  by  the  passage  of  various  ordinances.  The  election 
of  State  and  county  officers  and  also  of  a  General  Assembly 
and  members  of  Congress  vv^as  provided  for.**  To  remove 
doubts  as  to  the  vaHdity  of  official  acts  after  May  20,  1861,  all 
laws  consistent  with  the  State  and  Federal  constitutions  were 
declared  in  full  force.     Judicial    proceedings  were    also    held 

Settle  was  standing  in  the  aisle  and  suggested  a  third  reading.  He 
turned  to  Judge  Howard  and  said,  "Howard,  let  it  be  unanimous.  You 
have  already  voted."  Judge  Howard  replied  with  emphasis,  "I'll  see 
you  first." 

40  Journal,  p.    28. 

41  Ordinances,  p.    46. 

42  Sentinel,  October   25,   1865. 

43  Mr.  Andrews,  in  his  South  Since  the  War,  declares  that  he  found 
in  the  convention  much  hatred  of  secession  and  secessionists,  but  that 
it  was  from  political  feeling  and  not  from  love  of  the  Union,  p.    136. 

44  Ordinances,  p .    42 . 


RECONSTRUCTION   IN   NORTH   CAROLINA.  II7 

valid  and  contracts  declared  binding-.  In  relation  to  the  latter 
it  was  made  the  duty  of  the  General  Assembly  to  provide  a 
scale  of  depreciation  of  the  currency  from  the  first  issue  until 
the  end  of  the  war,  and  all  contracts  were  to  be  deemed  solv- 
able on  that  basis,  unless  evidence  was  produced  of  a  contrary 
intention  at  the  time  the  contract  was  made.  All  acts  of  civil 
and  military  officers  of  the  State  or  of  the  Confederate  States, 
in  accordance  with  law,  were  declared  valid,  and  such  officers 
were  relieved  of  any  penalty  for  their  actions.  The  acts  of  the 
provisional  governor  and  his  agents  were  made  valid,  and  it 
was  provided  that  all  offices  created  by  him  should  become 
vacant  at  the  close  of  the  next  session  of  the  General  As- 
sembly.*^ Offices  whose  incumbents  took  the  oath  of  allegi- 
ance to  the  Confederate  States,  were  declared  vacant.*^  This 
produced  some  debate,  as,  by  a  decision  of  the  Supreme  Court 
of  North  Carolina,  it  had  been  held  that  the  holder  of  an  office 
had  a  right  of  property  therein.'*'  But  it  was  argued  that  a 
convention  was  bound  only  by  the  Constitution  of  the  United 
States,  and  the  ruling  of  the  Suprem.e  Court  of  the  United 
States  on  the  question  differed  from  that  of  the  State  court.** 

The  State  was  divided  into  seven  congressional  districts  in 
preparation  for  the  coming  election.  Provision  was  made  for 
the  organization  of  a  military  police  in  every  county  if  it  should 
be  thought  necessary  by  the    sheriff  and    magistrates.     The  « 

necessity  for  this  action  was  strongly  urged  by  Mr.  Ferebee  and       ,->    (j 
Mr  J^cdaSCJ^-^fiio  stated  that  the  white  people  were  unarmed       v*' 
ana  in  a 'consfSITEr^attrTrf' uneasiness  at  the  presence  of  manyv^^ 
strange  negroes,  the  majority  of  whpm  were  armed.*^     Some   '"^      H 
doubt  was  expressed  as  to  the  wisdom  of  attemptmg  such  a 
thing  while  the  State  was  under  martial  law.     It  was  stated, 

45  Ordinances,  p .   58 . 

46  Ibid,  p.  63. 

47  Hoke  V.  Henderson,  15  N.  C,  1. 

48  Butler  V.  Pennsylvania,   10  Howard,  402. 

49  Annual  Cyclopaedia,  1865,  p.  627. 


OUa/i  Q>\ 


Il8  RECONSTRUCTION   IN   NORTH   CAROLINA. 

however,  that  General  Ruger  was  heartily  in  favor  of  it  and 
attention  was  called  to  the  President's  approval  of  Governor 
Sharkey's  establishment  of  a  militia  in  Mississippi.  This  re- 
moved all  opposition  and  secured  the  unanimous  passage  of  the 
ordinance.  The  Pr€sideat-.wA&,.4:;eiluested  to  withdraw  all  col- 
ored trQQp^j[romJJ2£  Stete  as  He 
was  also  requested  to  proclaim  speedily  a  general  amnesty,^^  and 
to  proclaim  that  the  people  of  North  Carolina  were  restored  to 
their  rights  and  privileges  under  the  Constitution  and  in  the 
Union.^^  Congress  was  requested  to  repeal  the  ''iron-clad" 
gj^^53  Provision  was  made  for  revenue  in  1866  by  the  pas-^ 
sage  of  an  ordinance  providing  for  an  extensive  system  of  tax- 
tion.^*  •  Governor  Holden  was  requested  to  confer  with  General 
Ruger  and  secure  to  the  people  the  broken-down  horses  and 
mules  which  had  been  left  by  the  Federal  troops  in  exchange 
for  those  taken  away.^^  In  order  to  define  the  status  of  the 
freedmen  the  governor  was  instructed  to  appoint  a  commis- 
sion of  three  persons  to  prepare  and  report  to  the  next  General 
Assembly  a  system  of  laws  relating  to  the  freedmen  and  to 
indicate  what  laws  then  in  force  should  be  repealed.^^ 

The  only  matter  of  importance  remaining,  upon  which  the 
convention  was  likely  to  take  any  action,  was  the  State  4ebt. 
As  has  been  seen,^^  it  had  not  been  the  subject  of  much  discus- 
sion during  the  period  preceding  the  meeting  of  the  conven- 
tion. When  the  convention  met,  a  committee  was  appointed 
to  consider  the  subject.  October  loth,  Mr.  Winston  from 
the  committee  reported  that  they  had  been  able  to  discover  no 
difference  of  opinion  on  the  question  of  the  old  debt,  all  agree- 
ing that  it  should  be  paid.  But  in  view  of  the  fact  that  there 
was  a  great  diversity  of  opinion  regarding  the  debt  incurred 
since  May  20th,  1861,  and,  since  the  information  in  the  hands 

50  Ordinances,  p.  69.  54  ibid,  p.  48.     ' 

51  Ibid,  p.  67.  55  Ibid,  p.  74.      - 

52  Ibid,  p.  74.  56  Ibid,  p.  73. 

53  Ibid,  p.  70.  57  See  page  107,  preceding. 


o^' 


c^^y 


-•  re;construction  in  north  Carolina.  119 

of  the  committee  as  to  the  purpose  of  a  large  part  of  it  was 
very  meagre,  they  recommended  .an  adjourned  session  and 
that  no  action  should  be  taken  at  the  time.^^  Mr.  ,_§,ettle  at 
once  Uatroduced  a^rf^'^hitinn  pi'Qhjhitj^n^r  thp  assumption  of 
thfiLwar  debt.     He  said  that,  while  there  had  been  little  or  no  ^ 

discussion  of  the  matter  before  the  election,  he  believed  the  ^ 

minds  of  the  people  were  made  up  and  that  they  wanted  the  ^' 

thing  settled  finally.     He  was  strongly  opposed  by  D.  F.  Cald-  \j  7 

well  and  Edward  ConigJRnd^>---wtenFe'presented  rhi^eiernent 
fa^br^ng  th^  "payment  of  the  entii;e  debt.  A  combination  of 
this  elefnent  with  tlie  members  wm  preferred  longer  discus- 
sion and  a  delay  until  the  adjourned  session,  resulted  in  the 
tabling  of  Mr.  Settle's  resolution.^^  This  action  was  in  part 
due  to  a  letter  from  Dr.  Powell,  the  State  agent,  to  Governor 
Holden,  in  which  an  account  was  given  of  separate  conversa- 
tions with  every  member  of  the  Cabinet.  Secretary  Stanton  ^  m^^  ^ 
declined  to  discuss  the  subject,  but  all  the  rest  agreed  that  the  c'^* 
convention  ought  not  to  take  any  action,  at  -the  time,  in  regard  ,  ^ 

to  the  debt.     This  letter  was  circulated  and  read  by  the  major-  \ 

ity  of  the  members  of  the  convention.^^ 

The  ma44eii»«eeixi£djsetU£d-aas^^  be  judged  from 

the  press,  the  people  approved.     But  a  surprise  was  in   store    . 
for  the  State  and  the  convention,  though  not  for  certain  indi-       \ 
viduals.     Govemor~iiold€4i^~.who.,iiad..apparjently,,fa^^^^  the  j 

tabling  oi  .Setjtle's  ,  resolut.i9a»,.jdlJiei:..diaa^  / 

came  aware  that  his  views  were  not  in  accord  with  those  of       (  | 
tfie'^fe§t?}aTtrr"^ 'S<>4ie.lelegraphed  the  latter  as  follows-:  Vl  •** 

''Raleigh,  October  19,  1865. 

Sir: — Contrary  to  my  expectation,  the  convention  has  in-       S^  j 
volved  itself  in  a  bitter  discussion  of  the  State  debt  made  in 
aid  of  the  rebellion.     A  continuance  of  this   discussion   will 
greatly  excite  the  people  and  retard  the  work  of  reconstruc- 

58  standard,  Oct.  11,  1865. 

59  October  13,  1865. 

60  Jonathan  Worth  to  the  Editor  of  the  Sentinel,  Oct.  30,  1865. 


120  RECONSTRUCTION   IN   NORTH   CAROLINA.  •       " 

^..tion.     Oui:,..peaglje.  .are  believed   to   be   against   assuming_the__ 
debtJi}^:-a4«if^„lXl,i^jority.     Is  it  riof  advisable  that  our  Conven- 
tion, like  that  of  Alabama,  should  positively  Ignofe'TTiisr"  debt  "^ 
now  and  forever?     Please  answer  at  once. 

W.   W.    H0LDEN."«i 

So  far  as  this  implied  that  the  bitter  discussion  had  occupied 
the  formal  proceedings  of  the  convention,  it  was  untrue.  The 
whole  matter  had  been  tabled  on  the  13th  with  no  prospect  of 
further  action  being  taken  during  the  session.  The  discussion 
had  never  been  bitter  and  had  been  very  brief.  The  next  day 
Governor  Holden  sent  to  the  convention  the  President's  reply. 

.  ^  ''Washington  City,  October  18,  1865. 

^   ^'    W.  W.  Holden,  Provisional  Governor: 

5  P  Every  dollar  of  the  State  debt,  created  to  aid  the  rebellion 
^  ^\  against  the  United  States,  should  be  repudiated,  finally  and 
,  ^  ^  forever.  The  great  mass  of  the  people  should  not  be  taxed  to 
pay  a  debt  to  aid  in  carrying  on  a  rebellion  which  they,  in  fact, 
v^  ,  if  left,  to  themselves,  were  opposed  to.  Let  those  who  have 
J  /  given  their  means  for  the  obligations  of  the  State,  look  to  that 
power  they  tried  to  establish  in  violation  of  law,  Constitution, 
and  the  will  of  the  people.  They  must  meet  their  fate.  It  is 
their  misfortune  and  they  cannot  be  recognized  by  the  people  of 
any  State  professing  themselves  loyal  to  the  government  of 
the  United  States  in  the  Union. 

I  repeat,  that  the  loyal  people  of  North  Carolina  should  be 
exonerated  from  the  payment  of  every  dollar  of  Indebtedness 
created  to  aid  in  carrying  on  the  rebellion.  I  trust  and  hope 
that  the  people  of  North  Carolina  will  wash  their  hands  of 
everything  that  partakes  in  the  slightest  degree  of  the  rebel- 
lion which  has  been  so  recently  crushed  by  the  strong  arm  of 
the  government  in  carrying  out  the  obligations  imposed  by  tfie 
Constitution  of  the  Union.  Andrew  JohNvSon, 

President  United  States."^^ 

This  telegram  changed'  the  sentiment  of  the  convention. 
Mr.  Caldwell  said  his  opinion  was  changed  by  the  knowledge 

«i  Sentinel,  March  3,  1866.     Quoted  from  Senate  Documents. 
«2  Executive  Letters,  Provisional  Governor,  p.  83. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  121 

of  the  President's  desire  and  that  he  favored  immediate  repu-\  ^  J 
diation.  Mr,^^  ^nnre^whn  had  taken  little  part  in  the  debate  |  n^  U 
before,  now  became  vehement  in  his  opposition  to  imme-  I 
diate  action.  He  opposed  any  acceptance  of  dictation  from  * 
the  President  and  criticised  him  sharply  for  sending  the  mes- 
sage. Mr-  "Rrooks  made  a  long  and  rather  bitter  speech, 
favoring  repudiation  on  the  ground  that,  as  the  object  of  the 
debt  had  been  ''the  persecution  of  loyal  persons,"  they  should 
not  be  forced  to  bear  the  burden. ^^  Mr.  Grissom,  a  close  friend 
of  Governor  Holden,  then  moved  an  amendmenl  to  Mr.  Settle's 
resolution,  providing  for  submitting  the  matter  to  the  people. 
This  was  passed,^*  buFlafer  "f econsideFed  and,  the  conventToh 
deciding  not  to  put  the  burden  of  decision  on  the  people,  was 
rejected.  Mr.  Settle's  resoluffon  was  then  passed.^^  A  pro- 
test agamsTTlT"  passage  was  made  by  Mr.  Eaton,  who  was 
joined  in  it  by  ten  others.  The  ordinance  iiii'pUi>t!U  upon  the 
General  Assembly  the  duty  of  providing,  as  soon  as  practi- 
cable, for  the  payment  of  the  State  debt  not  incurred  in  aid  of 
the  war.  It  further  declared  all  debts  and  obligations  created 
in  direct  or  indirect  aid' oTltre^rcbelWoH^ -vGi4,  aad.  removed 
.itomthe  Generaf-AFS^mbly'ialt  power  to  provfde  for  their  pay- 
ment!^^~TTesldeirr7'6Kh'son"was  notified  of  the  convention's 
action ~ by- Governor  Holden  in  the  following  letter: 

"RaIvKigh,  October  20,  1865. 
The  President  of  the  United  States: 

Sir: — The  convention  has  adjourned.  It  has  promptly  re- 
pudiated every  dollar  of  the  rebel  debt  and  bound  all  future 
legislatures  not  to  pay  any  of  it.  Your  telegram  had  a  most 
happy  effect.  The  Worth  faction_i^.j,vorkm^_bard^  b^^ 
be  defeated  by  a  larcfc  m^ajority.  Turner  and.  other  contuma-  ' 
ciousjteafd^rs  ought  to  be  haudled  at  the  proper  time^- .Please 
pardon  no  leading  man  unless  you  hear,  from  me. 

— '^"' """        W.  W.  Holden." 

63  Sentinel,  Oct.   20,   1865.  65  Ibid,  p.  92. 

64  Journal,  p.  90.  66  Ordinances,  p.  66.  t 


122  RECONSTRUCTION   IN   NORTH   CAROLINA. 

After  passing  a  resolution  of  thanks  to  President  Johnson 
and  Governor  Holden  for  their  endeavors  toward  a  restoration 
of  the  State    to  its    rights  in  the  Union,  the  convention    ad- 
journed until  May  24th,  1866. 
.         Thp..,action  of  Governor  Holden  and  the  President  was  re- 
'?\      >sented  deeply  in  the  State!     Ttitr-fecliiig  was  iiiCte2CTi3^^"in^ 
^>i^  "^  m ?^ n yj^^^^j ""^^^^^^Ijjiijj^  The  Sentinel 

'"^v       ^voiced  it  as  follows:    ''One  of  the  last  acts  of  tKe  convention, 
^  and  certainly  the  most  humiliating  act  ever  performed  by  a 
^   body  claiming  to  be  the  embodiment  of  the  sovereignty  of  the 
people  of  a  State,  and  ever  put  upon  record,  was  the  passage 
of  the  ordinance  repudiating  for  all  time  the  war  debt  of  the 
State.'*«" 

The  ordinances  and  resolutions  passed  by  the    convention 
were  carried  to  Washington  by  a  committee  headed  by  Judge 
^eade  and  submitted  to  the  President  for  his  approval.^* 

/^ 
>?3.     The  Campaign  and  Blection  of  1865. 

^^  6     On  October  14th,  a  letter,  signed  by  fifty-three  members  of 

^  u  the  convention,  was^^gent  to  Govjemor  Holden,  requesting  him 

#P  3^0  be  a "Cafidiiiate^f or  (^tyveoior  at  the  approaching  election. 

3f<^.  He  replied  in  a  somewhat  fulsome  manner,  accepting  the  nomi- 

^^^   nation  but  declaring  that  he  had  not  sought  it.     He  entered 


into-ar-ei:iti€i-si«.-af„party-sptf it,  declaring  that  faction  was  the 
bane  of  the  country.  He  said  that  as  provisional  governor  he 
had  known  no  pafty;"but  for  the  future,  he  was  a  member  of 
the  National  Union  Party  with  Andrew  Johnson  at  its  head.  -- 
^  A  It  was  recognized  generally  That  he  had  endeavored  during 
the  whole  period  of  his  incumbency  of  the  office  of  provisional 
/governor  to  build  up  a  machine  in  his  own  interest/®  but  many  s^' 

/      67  Sentinel,  Oct.  26,  1865. 

«8  Ibid,  Nov.  18,  1865.     The  Sentinel  was  strongly  in  favor  of  paying 
the  debt. 

60  Testimony  of  Rev.  Hope.  Bain,_  JElepgrts  of  J^ommittee 
296,  39th  Cong.,  Isi  Bess.'  '"   ZZIII^^^^---"" -§^^ 


imCONSTRUCTlON   IN   NORTH   CAROLINA.  1 23 

of  his  political  associates  were  content  to  follow  his  lead  and 
nominate  him.  Many,  however,  revolted  and  refused  to  give 
him.  their  support.  Lewis  Hanes,  his  private  secretary,  who 
had  been  a  staunch  ally  in  the  peace  movement  during  the  war,, 
was  among  these.  Defining  his  position,  he  said,  *'I  believe 
that  in  everythin^_ii£_[_GQYernor  Holden]  did,  he  kept  con-' 
stantly  in  view  no  object  but  his  own  political  advaHcement."'" 
The  annouricemefTtri^f' Governor' Molden^^^^^  carrdtdacy  was  not 
made  until  October  i8th,  when  the  correspondence  with  the 
members  of  the  convention  was  published.  In  the,  mean^ 
time,  sixty-seven  members  of  the  convention,  who  had  de- 
clined to  join  in  the  request  that  Governor  Holden  should  be 
a  candidate,Ji2Qiied-about  for  some  one  on  whom  the  opposition 
couliijoin.  The  name  of  Jonathan  Worth  had  been  suggested 
during  the  summer  and  now  recurred. "^^  He  had  won  golden 
opinions  for  his  skilful  management  of  the  business  affairs  of 
the  State,  and  his  past  record  made  him  eminently  suitable  as 
a  candidate.  Many  of  those  who  had  joined  in  the  call  on 
Governor  Holden  favored  Mr.  Worth,  but  had  been  induced 
to  sign  by  the  representation  that  he  would  not  be  a  candidate. 
Others  were  known  to  have  signed  only  because  they  were 
under  such  obligations  to  Governor  Holden  for  their  pardons 
and  for  various  political  favors  that  they  felt  bound  to  support 
him.'-  Under  such  circumstances,  Mr.  Worth  was  urged  to 
allow  the  use  of  his  name  and  finally,  with  great  reluctance, 
consented.  Many  of  his  friends  believed  that  there  was  no 
hope  of  his  election  and  he,  himself,  w^as  very  doubtful  at  first. 
Others  thought  it  unwise  to  oppose  Mr.  Holden.  Mr.  Worth, 
however,  was  convinced  that  Mr.  Holden  was  not  a  suitable 
candidate  on  account  of  the  dislike  he  inspired  in  so  many  of  the 
people,  and  soon  felt  fairly  confident  of  success.     His  candi- 

70  Old  North  State  quoted  in  Standard,  July  18,  1866. 

71  William  A.  Graham  and  Josiah  Turner  were  prominent  in  the  move- 
ment which  resuiied  in  Worth's  nomination. 

72  Worth  Letters   (unpublished). 


[h 
^ 


\fV 


124  re:construction  in  north  Carolina. 

dacy  was  announced  before  Governor  Holden's,  and  he  had 
the  advantage,  if  there  was  any,  of  being  the  first  in  the  field. 
He  at  once  resigned  his  place  as  provisional  treasurer,  ex- 
pressing his  willingness,  if  Governor  Holden  should  so  desire, 
to  continue  in  the  performance  of  its  duties  until  the  election. "^^ 
\The  resignation,  however,  was  accepted  and  Dr.  William  Sloan, 
^QOi  Gaston^  was  appointed  to  succeed  him. 

About   the   same   time    candidates   for   Congress   were   an- 
nounced.     Twenty-three    aspirants    for    the    seven    seats    ap- 

pe^ed,. The  active  work  of  the  campaign  was  carried  on  by 

them,  for  neither  of  the  gubernatorial  candidates  took  part  in 
.s^"\  the  canvass.*  The  usual  newspaper  battle  GQinmejiced,  and  the 
general  line  of  party  division  beginning  at  this  time  has  con- 
j:inued  ever  since.-  Political  peace,  or  a  semblance  of  it,  was 
to  be  absent  for  at  least  twenty  years.  Mr.  Worth  was  at 
pnce  attacked  by  the  Standard,  first  with  ridicule,'^*  and  then,  as 
the  growth  of  opinion  in  his  favor  became  more  evident,  with 
violent  abuse.  He  was  attacked  because,  in  1 861  >  he  had  ap- 
posed the  ''stay  law."  Josiah  Turner,  who  was  a  candidate 
for  Congressj-^LdiQugh-as  yet  unpardoned,  had  for  years  been 
closely  associated  with  Mr.  Worth  and  was  included  in  the 
attacks.  The  two  were  accused  of  being  the  representatives  of 
a  faction  of  ''pjace  hunters. "'^^  and  not  only  of  being  the  can- 
didates of  the  ''Confederate"  party,  but  even  of  having  been 
original  secesFTonists-.—'Irr-pTn'O'rof  the  accusation,  the  decla- 
ration of  independence, which  Mr.  Turner  had  introduced  in     \ 

the   Senate  in   1 861,"^*  and  for  which   Mr.   Worth  and  every        \ 
Union  man  in  that  body  had  voted  in  order  to  provoke  the  seces-  \ 

T3  Worth  to  Holden,  OetriS,   1865. 

74  The  Standard  said  the  nomination  was  a   "bait   composed  of   old 
secession  hooks  dressed  up  in  the  feathers  of  a  few  Union  geese."       ^.^ 

75  Among  these  were  included  Thos.  Bragg,  Judge  Manly,  P.  H.  Win- 
ston, Judge  Howard,  T.  L.  Clingman,  Abram  Venable,  and  D.  D.  Fere-       >^ 

(bee.     Standard,  Oct.  24,  1865.  S. 

'«  See  p.  Jpl^  preceding.  \« 

f,' 

V    S 


'4  vf^ 


RECONSTRUCTION   IN   NORTH   CAROLINA.  125 

sionists,  was  brought  forward  and  urged  as  conclusive  evidence. 
■^^The  prospects  of  the  State  for  readmission  to  the  Union,  it 
was  was  declared,  would  be  entirely  destroyed  if  Worth  should 
be  elected,  and  the  issue  was  defined  as,  ''W.  W.  Holden  and  Go 
Back  to  the  Union,  or  Jonathan  Worth  and,.Sta-y'-0Uf  of  the. 
Union.     Of ,"~ili  other  words,    Holden    and  live  agairi'iinder 
Washiji[^6n*s  government,  or  Jonathan  Worth  and  perish.""^^ 
This  gave  Mr.  ~Woftti"fhuch  uneasiness  and  he  appealed  to 
friends  in  Washington  to  try  and  find  means  to  dispel  the  im- 
pression which  was  being  created  by  the  friends  of  Mr.  Hol- 
den that  the  President  preferred  his  election. '^^     Mr.  Worth's 
position  re^^arding  the  war  debt  was  criticised,  regardless  of 
the  fact  that,  almost  until  the  adjournment  of  the  convention, 
Governor  Holden  held  a  similar  opinion.     It  was  stated  that, 
in  the  event  of  Worth's  election,  the  converrtirrff''wouTd^  reas-^_ 
semble  and,  in.  defianjce^fjhe,  expressed  wish  of  the  President, 
assume  the  entire  war  debt  of  the  State  and  crush  the  people.^ 
under  the  burden  of  an  immense  taxation,  besides  bringing  the 
State  irita-^e€^eLflJ:$;t~.wU^^  the  authorities  of  the  United   States  "" 
and  having  rnardaf  Taw  iiirder  negro  troops  prolonged  indefi-1 
nitely.^®     Governor  Holdert's  record  was  enlarged  upon,  par- 
ticular emphasis  being  laid  on  his  hostility  to  the  Confederate 
government  and  his  part  in  the  peace  movement. 

It  is  not  doubtful  that  many  of  these  arguments  had  a 
boomerang  effect.  The  people  in  general,  while  uncertain 
wTiai  llllj  wished  regarding  the  final  disposition  of  the  war 
debt,  were  at  least  certain  that  they  wanted  the  matter  con- 

77  standard,  Oct.  24,  1865. 

78  Ibid,  Oct.  21,  1865. 

79  Worth  to  B.  S.  Hedrick,  Oct.  21,  1865.  Mr.  Hedriek  had  been  a 
professor  at  the  University  of  North  Carolina  and  had  been  forced  to 
leave  on  account  of  his  being  in  favor  of  Fremont  in  1856.  This  was 
largely  through  the  influence  of  Mr.  Holden,  and  Mr.  Hedrick,  in  con- 
sequence, had  no  good  feeling  for  him. 

80  Standard,  Oct.  21,  23,  and  24,  1865. 


I 


SJ* 


I 


126  RECONSTRUCTION   IN   NORTH   CAROLINA.  J^        ^ 

sidered   from   every  standpoint.  S^he    President's    action   in  .  ^i 
forcing  repudiation  was  resented  anT^-the  burden  of  this  fell  v^ 
upon  Governor  Holden  because,  after  acquiescing  in  the  policy 
of  postponement  of  the  question,  he  had  brought  the  matter  to  "^ 
the  notice  of  the  President  and,  was,  to  that  extent,  responsible 
for  repudiation.     As  regards  Governor  Holden's  record,  it  was 
a  delicate  matter,  and  bringing TFuplTiowed'a  lack  of  political 
sagacity.  -  It  cannot  be  doubted  that,  ajt  ^his  time-,- North-Caro- 
lina was  honestly  desirous  of  a  return to  the  Union  where 

peace-xould  be  found.  The  purpose  to  remain  loyal  to  the 
Union  in  Jhe  future  is  equally  certain.  The  utter  failure  of 
secession  was  recognized  and  fewer  mourned  it  than  might 
have  been  expected.  But  th^re  was  little  or  no  change  of 
opiniorrTrn-4he~«|4^#sti©fi-^4h€  -right  in  vol  v^^^^^^^  It  could  hardly 
be  expected  that  such  a  change  would  occur,  but  it  was  de- 
manded :  in  the  State  by  the  ''stgitestsect''  element,  and  in 
the  North  by  the  radicals.  It  wouid  kave  been  a  wonderful 
thing,  in  view  of  his  past  record,  if  Mr.  Holden  had  had  the 
love,  respect,  or  confidence  of  the  people  of  North  Carolina  in 
1865,  even  if  his  record  since  the  war  had  been  left  out  of  the  ac- 
count. The  great  marvel  was  that  the  feeling  against  him 
remained  quiet  as  long  as  it  did.  Only  the  course  of  the 
\Standard  was  necessary  to  arouse  it  and  insure  his  defeat. 

The  opposition  to  him  was  to  an  extent  based  on  his  past 
record,  and  his  numerous  changes  of  political  affiliations  were 
once  more  brought  up  against  him.  But  the  main  fight  was 
made  on  his  action  as  provisional  governor  arid  the  claim  that 
his  election  was  a  prerequisite  for  the  return  of  the  State  to  its 
normaLpJace  in  the  Union.  As  the  campaign  progressed^  the 
Standard  and  the  Progress  began  to  charg-e  that  all  opposition 

to  GoverjaorL-J^plden  was^        evidence of-  disloyalty^^    This 

course  of  action  was' Sharply  criticised  by  the  rest  of  the  State 
press,  even  by  the  papers  supporting  Governor  Holden.  The 
Charlotte  Times,  which  supported  Mr.  Worth,  said,  "Vote  for 
Holden  and  be  loyal,  and  vote  against  him  and  be  a  traitor. 


RECONSTRUCTION  IN   NORTH   CAROLINA.  12/ 

That  is  the  EngHsh  of  it.  And  if  that  is  to  be  the  test,  then 
we  are  a  traitor  and  glory  in  the  treason.  As  a  provisional 
governor,  we  have  not  aught  to  say  against  him,  but  as  a 
politician,  we  are  against  him,  and  if  chance  should  throw  us 
.on  the  same  side  with  him,  it  would  make  us  question  the  cor- 
rectness of  our  view."^^  Still  another  cause  of  opposition, 
tw-ought  forward  by  the  Sentinel,  was  the  necessity  of  bringing 
out  a  full  vote  as  an  assurance  of  the  loyalty  of  the  people  of 
the  State,  and  as  a  sign  of  their  acceptance  of  the  terms  of 
reconstruction ;  and  it  was  thought  that,  if  Governor  Holden 
should  xun  alaiie,.4t-we»4d-be,..regarded  b\-  the  people  as"(dic- . 
tated  from  Washington  and  they  would  not  care  to  vote^ 
This  was  a  weak  reason  and  yet  the  condition  stated  was 
actual,  as  is  shown  by  the  voting  for  delegates  to  the  conven- 
tion. There  a  great  many  failed  to  vote  from  the  very  belief 
mentioned  here. 

Mr.  Holden  had  the  support  of  a  more  influential  and  repre- 

sentatTveclass  oi_raai.-than.  .in .  1B54. John  Pool,  R.  S.  DonP--* 

nell,  Bedford  Brown,  and  Thomas  Settle  sii^ned  the  request 
that'^e  should  1:c  a  candidate.  P>.  F.  Aloore,  desiring  that  no 
party  division  should  occur,  was  in  favor  of  his  election,"  if  he 
continues  to  exercise  the  office  as  heretofore  and  if  his  pro- 
gramme of  principles  and  measures  should  not  be  very  objec- 
tionable."^^ Many  others  of  the  same  type  would  have  sup- 
por4€d  him  but  for  thei^ricdencei^aa^'  the  proscriptive  tendency 
of  the  vS'/andard,. .,.„.,,,., .,^^. ^^^,^^-"^-' 

81  Quoted  in  the  Sentinel,  Nov.  22,  1865.  w 

82  Ibid,  Oct.  19,  1865.  , 

83  B.  F.  Moore  to  T.  R.  Caldwell,  Oct.  14,  1865.  Illustrative  of  Mr. 
Moore's  foresight,  the  following  is  interesting:  "A  division,  placing  the 
Unionists  on  one  side  and  the  secessionists  on  the  other,  will  lead  to  a 
breach  made  wider  and  deeper  every  day,  until  the  extremest  partizan 
on  either  side  will  become  the  most  powerful  man  of  his  party,  and  the 
most  dangerous  to  the  quiet  and  prosperity  of  the  State.  With  such 
tools  as  these,  we  shall  be  sure, to  dig  up  negro  suffrage  and  worship  it 
as  many  did  the  cotton  bag." 


n. 


4 
.(^j 


128  RECONSTRUCTION   IN   NORTH   CAROLINA. 

The  number  of  Congressional  candidates  was  lessened  by  the 
withdrawal  of  several  before  election  day.  In  the  campaign, 
no  mention  seems  to  have  been  made  of  the  two  ordinances 
submitted. to  the  people.  In  f^^^- J^j^i^yj^^rf  nr>t  r^gnrdf;jcl_^Rs 
issues,  and  besides,  all  issues  had  been  merged  into  the  one 
oLJ\lr\^IIoiJenr;;fflS'''s^^  was 

the  9Jie.-4uestiQn,Jt,Q_be  .decIdeHr" rr™""  "'"         ~-~..-.^ , 

The  election  was  held  November  9th.  Its  result  was  a  vic- 
tory for  Mr.  Worth,  who  receive3""a~majority  of  ^,g^y^o\Xtrryi 
a  total  vote  of  nearly.  60,000,  and  carried  fifty-four  of  the 
eighty-nine  counties  in  the  State.  A  much  smaller  vote  was 
cast  6n""thi^~twcr"75fdinances,  which  were  both  ratified.^*  The 
Congressional  elections  were  regarded  by  both  sides  as  com- 
paratively unimportant.  All  who  ,,were  ekcted^  had  origin9,lly 
opposed  secession,    and_aIl_..jDiit -two   had  Whigs:     Two 

had  been  members  of  the  Confederate  Congress,  and  only 
one  of  the  seven  could  take  the  ''iron-clad"  oath  required  for 
admission  to  a  seat  in  Congress.^^  Of  the  defeated  candidates, 
only  one  could  take  the  oath. 

Before  the  election,  President  Johnson  told  Judge  Reade  that 
the  provisional  government  would  not  terminate  at  once.  Two 
days  after  the  election.  Governor  Holden  was  notified  by  Sec- 
retary Seward  to  continue  the  exercise  of  his  duties  until  re- 
lieved by  directions  from  the  President. 
f^  Many  things  in  the  campaign  tended  to  create  the  impres- 
sion in  the  North  that  the  result  of  the  election  was  a  victory 
of  those  who  were  still  hostile  to  the  United  States,  and  who 
hoped  that,  in  a  different  way  than  by  arms,  the  results  of  the 
war  might  be  changed.     This  impression  was  largely  caused 

84  The  vote  on  the  ratification  of  the  anti-secession  ordinance  was : 
For,  20,870;  against,  1,983.  Anti-slavery  ordinance:  For,  19,039; 
against,   3,970. 

85  The  successful  candidates  were,  J.  R.  Stubbs,  C.  C.  Clark,  T.  C. 
Fuller,  Josiah  Turner,  Bedford  Brown,  S.  H.  Walkup  and  A.  H.  Jones. 
The  last  mentioned  could  take  the  oath.* 


RECONSTRUCTION   IN   NORTH   CAROLINA.  1 29 

by  tfae  course  of  the  Standard  J^dJthePrpgre^,Sxii}'^^:^^^y  ^^^ 
with-asgistance  from  other  sources.  The  result  of  the  Con- 
gressional el€:ctions7Tor  Instance,  was  not  calculated  to  assist 
the  State  to  its .  ortgifti^^ilafi^Jas^r^beHyfi  The  election  xi£, 

an  unpardoned"~pei;s£)iL^  as  in  the  case  of  Mt;  Turner,  created - 
a  bad^JHipression.     In  fact  the  wisdom  of  electing^any  of  the 
delegation7>5€€ef>tppossibly,  A.  H.  Jones,  wTTocouldnTake  the 
oath,  is  doubtfuOl  it  wa^^^^  they  woulcTbe  admitted 

1?Q,jheir  seats.  They  were  all  men  who  favored  the  Union 
and  wHo  represented  the  opinions  and  feelings  of  the  State, 
but  it  was  fairly  certain  that  none  would  be  recognized  when 
Congress  met.  The  opinion  of  the  President  on  the  result  is 
best  seen  in  the  following  communication  to  Governor  Holden  : 

''Washington,  November  2y,  1865. 
Accept  my  thanks  for  the  noble  and  efficient  manner  in  which 
you  have  discharged  your  duty  as  Provisional  Governor.    You 
will  be  sustained  by  the  government. 

The  results  of  the  recent  elections  in  North  Carolina  have 
greatly  damaged  the  prospects  of  the  State  in  the  restoration 
of  its  governmental  relations.  Should  the  action  and  spirit  of 
the  legislature  be  in  the  same  direction,  it  will  greatly  increase 
the  mischief  already  done  and  might  be  fatal. 

It  is  hoped  that  the  action  and  spirit  manifested  by  the  legis- 
lature will  be  so  directed  as  rather  to  repair  than  to  increase  the 
difficulties  under  which  the  State  has  already  placed  itself. 

Andre:w  Johnson, 
President  of  the  United  States/' 

The  period  between  the  election  and  the  meeting  of  the  Gen- 
eral Assembly  was  devoid  of  events  of  interest.  As  long  as 
something  was  to  be  gained  from  loyalty  by  the  element  of 
which  the  Pro^ji^s&'wa.s  representative,  the  State  had  been  de-  ^pS^*^ 
clared  to  be  loyal.  But  when  the  result  of  the  election  was 
known,  that  paper  asserted  that  "universal  loyalty  may  come 
with  the  next  generation,  but  we  who  live  in  this  will  never 

9 


130  RECONSTRUCTION   IN   NORTH  CAROLINA. 

see  it."  ^^  The  Standard  said  that  the  provisional  governor 
was  hindered  in  his  work  and  that  it  was  the  "unmistakable 
work  of  unpardoned  violent  traitors. "^'^  The  latter  also  di- 
lated much  upon  the  lack  of  wisdom  shown  in  electing  men  to 
Congress  who  could  not  take  the  oath,  forgetful  of  the  fact 
that  it  had  endorsed  the  candidacy  of  five  who  were  unable  to 
do  so. 

After  the  receipt  of  the  President's  letter  requesting  him  to 
continue  in  the  exercise  of  the  duties  of  his  office,  Governor 
Holden  seems  to  have  thought  that  the  provisional  government 
would  be  continued  until  Congress  had  recognized  the  new 
State  government  by  admitting  the  members  from  North  Caro- 
lina. The  people  were  anxious  in  regard  to  it  and  there  was 
a  general  desire  for  some  assurance  from  the  President  as  to 
his  intentions. 

4.     The  Return  to  Civil  Government. 

^'      The  General  Assembly  met  on   November  27th.*^     In  the 

Y\\C^     Senate  ThmnasSettle  was  chosen   Speaker  over  Dennis  D. 

tyiWiH  ^^££bee.     This  would  indicate  a  majority  of  the  supporters  of 

fir  Mn  Holden.     In  the  House  Samuel  F.  Phillips  was  chosen 

unanimously. 

The  Governor's  message  laid  special  stress  on  the  importance 
of  immediately  ratifying  the  Thirteenth  Amendment.  The 
House  had  already  taken  up  the  matter  and  passed  a  ratifying 
resolution  with  only  four  negative  votes.  An  attempt  was 
made  to  amend  by  adding  a  clause  stating  that  any  legisla- 
tion by  Congress  upon  the  political  status  or  civil  relations 
of  the  freedmen  would  be  unconstitutional  and  in  opposition  to 
the  policy  of  the  President,  as  expressed  in  his  proclamations. 

86  Progress,  Nov.  14,  1865. 

87  Standard,  Nov.  17,  1865. 

88  Six  members  of  the  Senate  and  eight  of  the  House  were  also  mem- 
bers of  the  convention.  No  information  can  be  obtained  of  the  former 
political  affiliations  of  the  majority  of  the  members. 


^^ 


RECONSTRUCTION  IN   NORTH   CAROUNA.  13I 

This  was  defeated  by  a  large  vote.®®  In  the  jenate  the  opposi- 
tion  to  the  Amendment  was  strongly  shown.  Mr.^Mo^^head 
voiced  this  in  declaring  his  objection  to  the  clause  giving  Con- 
gress the  power  of  enforcement.  Through  it,  he  thought,  Con- 
gress was  given  unlimited  power  of  legislation,  and  a  State 
would  be  powerless  to  resist.  The  result  of  its  adoption  would 
be  legislation  giving  the  freedmen  the  privilege  of  bearing 
arms,  giving  testimony,  intermarriage  with  the  whites,  and  the 
elective  franchise.  He  denied  any  desire  to  impede  its  pas- 
sage, but  declined  to  vote  for  it.®°  Mr.  Ferebee  made  an  elat- 
orate  protest  against  its  passage,  which  was  spread  upon  the 
Journal.  His  objections  were  based  upon  the  same  grounds  as 
Mr.  Morehead's  and  also  on  the  fact  that  the  Southern  States 
were  not  free  agents,  advantage  being  taken  of  their  condition 
to  force  their  consent  to  what  they  would  otherwise  reject. 
Three  other  Senators  united  with  him  in  the  protest.®^  The 
resolution  passed  without  further  opposition.  The  blow  at  the 
rights  of  the  States  was  perceived,  but,  just  at  this  time,  there 
was  apparently  very  little  inclination  to  discuss  the  constitu- 
tional question  of  States'  rights.  Its  interest  for  the  time  had 
waned.  After  ratification,  the  subject  was  referred  to  a  com- 
mittee7  which  reported  a  resolution  declaring  that  the  amend- 
ment was  ratified  with  the  understanding  that  the  power  of 
Congress  to  legislate  on  the  subject  of  the  freedmen  was  in  no 
way  enlarged.®^  This  passed  at  the  end  of  the  sessioR  and,  of 
course,  was  inoperative,  amounting,  simply,  to  a  protest. 

The  publication  in  the  Standard  of  the  President's  criticism 
of  the  State's  action  led  to  the  passage  of  resolutions  declaring 
that  the  people  of  the  State  had  accepted  in  good  faith  the 
terms  of  the  President  and  had  complied  with  the  conditions 
imposed ;  that  they  were  loyal  to  the  government  of  the  United 

89  House  Journal,  1865,  p.  26. 

90  His  speech  is  quoted  in  the  Sentinel,  Dec.  2,  1865. 

91  Senate  Journal  1865,  pp.  153-5. 

92  Ibid.,  1865,  p.  84. 


132 


RECONSTRUCTION   IN   NORTH   CAROLINA. 


^ 


States  and  were  ready  to  make  any  concessions,  not  inconsis- 
tent with  their  honor  and  safety,  for  a  restoration  of  harmony. 
A  declaration  of  confidence  in  the  President  and  of  thanks  for 
his  hberal  poHcy  was  added. ®^ 

The  greater  part  of  the  session  was  spent  in  filhng  the  va- 
rious offices  declared  vacant  by  the  convention.     Two  United 
States 'Senators  ^were'dected,  William   A.  Graham,  and  .Joh« 
5ool.     The  former,  who  had  not  been  pardoned,  received  the 
un^iT!!!©lis  vote  of  Orange  county  for  the  State  Senate,  but 
did  not  make  any  effort  to  take  his  seat.     A  large  number  of 
.       the  members  of  both  houses  then  petitioned  the  President  to 
\X      pardon  him.     The  day  he  was  elected  United  States  Senator,^* 
^  ^    |the  pardon  was  signed,  but  it  was  not  sent  to  him,  nor  was  he 
notified  of  the  fact  for  some  time.     Governor  Holden,  who,  a 
short  time  before,  had  again  advised  against  his  pardon,  noti- 
fied the  President  of  his  election,  adding  a  characteristic  ex- 
pression of  doubt  whether  a  Northern  member  of  Congress 
could  with  propriety  consent  to  sit  with  one  who  had  been  a 
0  member  of  the  Confederate  Congress.^^     The  short  term  was 
4      offered  to  Mr.  Holden  privately,  but  he  refused  to  accept  it.^^ 
^Thomas  L.  Clingman,  who  had  been  elected  in  i86i,  claimed 
|i  ^Ithe  seat  and  went  to  Washington  with  the  intention  of  present- 
ing himself  as  the  member,  but  a  committee,  appointed  by  the 
State  Senate  to  investigate  the  matter,  declared  that  he  had  no 
claim  to  the  seat,  and  Mr.  Pool  was  elected.     The  legislature 
also  elected  a  full  set  of  judges.     In  thfef -S^prenrc -Court,,  twa. 
of  the  old  members,  were  .rer,elected..-and^  J udfife-Reati^  replaced 
Judge. Manly.  ^ Five  of  the  provisional  Superior  Court  judges 
and  several  of  the  solicitors,  appointed  by  Governor  Holden, 
were  elected  permanently.     Nearlv  all  the  officers  chosen  had 
been  formerly  members  of  the  Whici:  party. 


t^\ 


'■      i        ^     93  Resolutions  1865,  p.  10. 
£ V  ^V    **  ^^y  fourteen  votes  in  both  houses  were  cast  against  Mr.  Graham. 

M'^  96  Sentinel.  Sept.  15,  1865. 


vJ^-^ 


RECONSTRUCTION  IN   NORTH   CAROLINA.  1 33 

No  disposition  was  shown  to  take  up  general  legislative  mat- 
ters. The  members  felt  that  there  was  no  assurance  that  any 
act  would  be  regarded  as  valid,  and  considered  it  wise  to  await 
the  outcome  of  the  attempt  of  the  representatives-elect  to  take 
their  seats  in  Congress.  Consequently,  after  filling  the  vacant 
State  offices  and  administering  the  oath  of  office  to  Mr.  Worth, 
the  governor-elect,  with  a  provision  that  he  should  enter  upon 
the  duties  of  the  office  at  the  termination  of  the  provisional 
government,  the  legislature  adjourned  until  February,  1866, 
without  taking  any  action  regarding  the  freedmeti  or  otlier 
matters  of  importance.  -— -  - .  .^„«..,.,^^ 

GoveriiOT-Holdein  ifipt  the  President  informed  of  the  actioiia  M- 
of   the   legislature,    everything   being   presented   in    its   worst 
light.     He  also  made  a  strong  effort  to  induce  the  President  tc 
set  aside  the  election  and  retain  him  as  provisional  governor.®' 
The  President  would  not  consent  to  this,  and  finally,  on  Decem-j 
ber  23d,  sent,  through  Secretary  Seward,  the  following  dis| 
patch  to  Governor  Holden: 

"Department  o^  State, 
Washington,  December  23,  1865. 
To  His  Excellency,  W.  W.  Holden,  Provisional  Governor  of 

the  State  of  North  Carolina,  Raleigh,  North  Carolina: 

Sir: — The  time  has  arrived  when,  in  the  judgment  of  the 
President  of  the  United  States,  the  care  ahd  conduct  of  the 
proper  affairs  of  the  State  of  North  Carolina  may  be  remitted 
to  the  constitutional  authorities  chosen  by  the  people  thereof, 
without  danger  to  the  peace  and  safety  of  the  United  States. 

By  dixjection  of  the  President,  thejefore,  j^ou.  .gre„  rdieved 
from  theSrjusthithertoTegggggjn  j^oji3^s^.pxovision  a  [governor 
of  M^^xth  Carolinar  W  henever  tlie  governor-elect  shall  have 
accepted  and  become~*qualified  to  discharge  the  duties  of  the 
executive  office  you  will  transfer  the  papers  and  property  of 
the  State,  now  in  your  custody,  to  his  excellency,  the  governor- 
elect. 

It  gives  me  especial  pleasure  to  convey  to  you  the  Presi- 

9T  B.  S.  Hedrick  to  Jonathan  Worth,  July  8,  1866. 


134  RECONSTRUCTION  IN  NORTH  CAROLINA. 

dent's  acknowledgement  of  the  fidelity,  the  loyalty  and  the  dis- 
cretion which  has  marked  your  administration. 

You  will  please  give  me  a    reply    specifying  the    day  on 
which  this  communication  is  received. 

I  have  the  honor  to  be  your  excellency's  most  obedient  ser- 
vant, 

W11.UAM  H.  Seward.''  »» 

He  also  notified  Governor  Worth  of  the  termination  of  the   ^  1 
provisional  government  and  offered  him  the  co-operation  of  J 
the  United   States  government  in  all   his  efforts  toward  an     \J 
early  restoration  of  the  State.    Governor  Worth  replied  on  the 
28th  that  he  had  that  day  assumed  the  duties  of  his  office  and 
assured  the  President  of  his  hearty  desire  to  establish  harmoni- 
ous relations  between  the  State  and  Federal  governments.®® 

As  iiasU3teai.4i£ted/^Mhe^^con  .^cucdmange 

providin^Mjint,  all   nffim  ftl4ftd  h)^  tht  proYJ.'iinnn]   g-ovftrnfYr 

should  become  vacant  at  the jilQ^e-'-of -the-^CQvisional  govern- 

ijaetit.  Tfie  legislature  made  no  provision  for  new  "justices 
oTThe  peace,  and,  in  consequence,  the  newly-elected  county 
officers  were  unable  to  qualify,  and  the  machinery  of  county 
government  was  stopped,  and  with  it,  the  execution  of  State 
law  by  the  civil  power.  The  unimportance  of  the  minor  civil 
officers  at  this  time  prevented  this  condition  of  affairs  from 
being  harmful  to  the  general  welfare  of  the  people,  but  it  was 
one  of  the  anomalies  which  this  period  so  frequently  pre-  ,^ 
sented.  Governor  Worth,  by  the  advice  of  the  Council  of 
State,  at  once  summoned  the  legislature  to  meet  in  extra  ses- 
sion to  remedy  the  defect.  The  session  opened  January  i8th, 
and  acts  were  promptly  passed  authorizing  the  provisional 
officers  to  administer  the  oaths  of  office  to  their  successors  and 
to  the  magistrates  elected  by  the  legislature  at  the  extra  ses- 
sion.^^^    The  acts  of  the  de  facto  sheriffs  until  March  i,  1866, 

98  Executive  Letters,  Worth,  Vol.   1,  p.  3. 
»9lbid,  pp.  2-4. 

100  See  page  117  preceding;  also  Ordinances,  p.  59. 

101  Laws,  1866,  Chap.  4. 


RECONSTRUCTION  IN  NORTH  CAROLINA.         1 35 

were  legalized  ;^^^  and  all  other  officers  were   authorized  to 
hold  over  until  the  qualification  of  their  successors.^^^ 

Other  questions  then  engaged  the  attention  of  the  legisla- 
ture.- The  legislation  regarding  the  freedmen  occupied  some 
time.  The  law  of  evidence  was  changed  in  criminal  suits  so 
as  to  admit  the  testimony  of  an  accused  person  which  up  to 
this  time  was  incompetent.^^*  A  resolution  was  introduced 
into  the  House  requesting  the  President  to  proclaim  a  general 
amnesty.  Immediatelx.^  substitute  was  Qffere^^3Kbishi,,.after 
reciting  the  supposed  hardships_etidured  by  Union  men,  de- 
clared that  no.  office  should  be  held  by  an  original  serpssianJ^ 
or  "latter-day  wai:- man,"  and  requesting  the  President  to 
declare  ajl^offices  so  held  vacant.  To  avoid  discussion  of  this> 
the  original  resolution  was  dropped.  The  session  lasted  until 
the  rm^^k  of  Mafch;^ost  of  the  time  being  spent  in  private 
legislation.^^^""    — — — -— ~" 

102  Laws,  1866,  Chap.  6. 

103  Ibid,  Chap.  36. 

104  Ibid,  Chap.  64. 


136  RECONSTRUCTION   IN   NORTH   CAROLINA. 


CHAPTER  IV. 

POLITICAL   AND   SOCIAL   CONDITIONS    UNDER   THE  RESTORED   GOV- 
ERNMENT. 

I.  The  Freedmen. 

Even  before  the  termination  of  hostilities,  the  negro  question 
arose  in  North  CaroUna,  but  at  first  the  problem  was  necessa- 
rily one  for  the  military  authorities  solely.  The  first  question 
requiring  solution  was  regarding  the  disposition  of  the  great 
numbers  of  freedmen  who  had  assembled  in  various  places, 
particularly  in  New  Bern  and  Wilmington.  When  Sherman 
reached  Fayetteville,  about  8,000  negroes  were  with  the  army. 
The  burden  was  too  great,  and  he  sent  them  to  Wilmington, 
where  a  great  number  had  already  congregated.^  When  it 
was  decided,  on  account  of  expense,  the  danger  of  disease,  and 
other  causes,  to  disperse  them  as  much  as  possible.  General 
Hawley  settled  part  of  those  in  Wilmington  on  Smith's  Island 
at  the  mouth  of  the  Cape  Fear,  and  part  near  Fort  Anderson 
at  Old  Brunswick.^  They  were  supplied  with  food  and  en- 
couraged to  begin  planting  crops. 

General  .Schofxeld,  in  his.  proclamation  announcing  emanci- 
patioiij  advised  the  freedmen "no1rtO""(roilgregate  in  the  towns 
but  to  seek  ^employment  under  their  former  masters.^  He 
was  fearful  of  the  result  of  the  delay  in  settling  the  question 
of  their  status  and  disposal,  believing  that  they  would  become 
a  ''huge  white  elephant"  on  the  hands  of  the  government.* 
On  May  15th  he  published  a  set  of  regulations  for  their  gov- 
ernment. Parents  were  declared  to  have  control  of  their 
children  and,  at  the  same  time,  the  obligation  of  their  former 
masters  to  tatce  care  of  the  children  became  theirs.  Orphans 
and  the  aged  and  infirm,  if  they  had  no  near  relations,  were 

lOff.  Rec.  No.  99,  p.  978.  s  ibid,  p.  3.31. 

2  Ibid,  No.  100,  pp.  39,  80.  4  ibid,  p.  405. 


RECONSTRUCTION  IN  NORTH  CAROLINA.         1 37 

still  to  remain  in  the  care  of  their  former  masters,  who  were 
forbidden  to  turn  them  away.  The  question  of  wages  was 
left  to  be  decided  by  employers  and  employees;  but  the  latter 
were  warned  to  expect  only  moderate  wages  or  a  fair  share 
of  the  crops.  District  commanders  were  directed  to  appoint 
superintendents  to  take  charge  of  matters  relating  to  the  freed- 
men.^  Provision  was  also  made  for  the  registration  of  mar- 
riages between  the  freedmen.  When  the  provisional  govern- 
ment was  established  no  ruling  was  made  on  the  subject,  but 
freedmen  were  advised  to  go  through  the  same  formalities  as 
the  whites  and  clerks  were  directed  to  issue  licenses  to  them.® 
General  Schofield's  regulations  were  fair  and,  where  they  had 
any  effect,  worked  for  good.  The  care  and  support  of  the 
aged  negroes,  without  the  assistance  of  the  younger  ones,  was 
often  a  great  burden  upon  the  former  masters,  but  one  that 
was  borne  generally  with  no  thought  of  complaining. 

During  the  spring  and  early  summer  of  1865  outside  influ- 
ences were  brought  to  bear  upon  the  freedmen  and  a  petition 
was  circulated  among  them  which  asked  the  President,  in  his 
work  of  re-organization,  to  give  them  equal  rights  with  the 
whites."^  A  series  of  meetings  was  held  in  various  towns  to 
choose  delegates  to  a  general  meeting  to  be  held  later.  Promi- 
nent in  the  proceedings  of  these  meetings  were  negroes  from 
the  North  who  had  come  down  to  begin  a  movement  among 
their  race  for  equal  rights  and  privileges.  Several  of  these 
newcomers  were  natives  who  had  escaped  to  the  North  and 
had  received  some  education.  The  general  meeting  was  held 
in  Raleigh  in  September.  The  whole  affair  was  under  the 
control  of  J.  W.  Hood,  a  colored  minister  from  Connecticut, 
and  5ajTi^,s   H    Harri^;^  a  native  who  had  beeit  educated   in 

5  Off.  Rec.  No.  100,  p.  503. 

6  Executive  Letters,   Provisional   Governor,   p.    93. 

7  North  Carolina  correspondence  of  the  New  York  Herald,  May  15, 
1865. 


138  re:construction  in  north  carouna. 

Ohio.  The  latter  had  unusual  ability  as  a  speaker  and  was 
exceedingly  shrewd.  A.  H.  Galloway,  a  native,  but  recently 
from  the  North,  and  Isham  Swett,  of  Fayetteville,  were  also 
prominent.  This  group  was  again  to  become  prominent  in 
1868.  The  tendency  of  the  convention  was  towards  a  demand 
for  equal  political  rights,  including  the  suffrage.  But, 
through  the  influence  of  Harris  and  Galloway,  a  set  of  resolu- 
tions addressed  to  the  State  convention,  which  was  about  to 
assemble,  was  adopted.  These  asked  in  moderate  and  well- 
chosen  language  that  their  race  might  have  protection  and 
an  opportunity  for  education.  They  also  asked  that  discrimi- 
nation before  the  law  might  be  abolished.  No  reference  was 
made  to  the  suffrage.^  Before  adjournment  the  convention 
resolved  itself  into  an  Equal  Rights  League,  which  at  once 
began  to  work  for  the  abolition  of  all  distinctions  on  account 
of  race  and  color.^ 

The  question  of  negro  suffrage  was  already  under  discus- 
sion. In  July  Alfred  M..  .B^addett*-*ia''  prominent  citizen  of 
Wilmington,  the  ante-bellum  editor  of  the  Herald  and  later  a 
lieutenant-colonel  in  the  Confederate  service,  in  a  speech  to  the 
colored  people  of  Wilmington,  denounced  taxation  without  rep- 
resentation and  advocated  a  future  extension  of  the  suffrage  to 
those  of  the  negroes  that  were  qualified  for  the  privilege.^*^  la. 
September  the  Sentinel  said  it  was  opposed  to  negro  suffrage 
but- was  "willing  iol£^>^i^  ^^fi 

toi:^  A  series  of  articles  favoring  it  appeared,  written  by 
Vi (^pr  C  J^ar ringer,  but  unsigned.  He  took  strong  ground 
for  granting  the  suffrage  to  the  negroes,  if  only  as  a  matter 
of  policy,  since  the  North  would  soon  be  united  on  the  subject 
and  it  would  be  well  to  forestall  the  Radicals  and  grant  quali- 
fied suffrage.^^  His  views  were  probably  absorbed  from  his 
brother,  General  Rufus  Barringer,  who,  while  a  prisoner  at 

8  Standard,  Oct.  2  and  3,  1865.      10  Sentinel,  Aug.  8,  1865. 
»Ibid,  Jan.  2,  1866.  n  Ibid.,  Sept.  1  and  11,  1865. 


RECONSTRUCTION  IN   NORTH  CAROLINA.  1 39 

Fort  Delaware,  had  come  to  the  conclusion  in  his  conversation 
with  the  Northern  officers  that  nothing  less  than  negro  suffrage 
would  be  accepted  by  the  North.^^ 

The  noticeable  fact  about  the  discussion  of^thej^uestion  was 
that  i*s-«a«€e4--«(T'ie5r(fitHiienr'6r^  feeling.     OpJ^osition 

was^pfesscdrtrdtcalrnly^aiid'  enfranc^  was  discussed 

as  a  possibility,  though  an  objectionable  one.  Ex-Governor 
Swain  said  that  if  the  freehold  qualification  for  voting  for  State 
Senators  should  be  restored  he  would  favor  restricted  colored 
suffrage  for  the  House  of  Representatives.^^  In  all  the  argu- 
ments the  bitterness  shown  a  year  later  was  lacking.  But  it 
is  true  that  few  believed  that  there  was  any  possibility  of 
negro  suffrage  being  forced  upon  the  South  and  there  was 
no  objection  to  a  discussion  where  freedom  of  action  was 
possible.  Foremost  in  opposition  to  any  extension  of  the 
suffrage  was  the  Standard.  -  Among  its  so-called  ''Union 
Landmarks,"  before  mentioned^*  was  "The  right  of  the  States 
to  determine  the  question  of  suffrage  for  themselves.  Un- 
qualified opposition  to  what  is  called  negro  suffrage."  ^^  The 
discussion  was  without  any  good  effect  and  possibly  made  a 
calm  discussion  later  a  matter  of  difficulty. 

As  has  been  mentioned  the  position  of  the  free  negroes  in 
North  Carolina  previous  to  the  war  was  different  from  that 
in  most  of  the  other  Southern  States.  The  same  was  true 
after  general  emancipation  had  taken  place.  By  a  decision 
rendered  by  Judge  Gaston  in  1838^^  the  inhabitants  of  the 
State  were  declared  to  form  two  classes,  citizens  and  aliens. 
Slaves,  from  their  condition,  belonged  to  the  latter  class,  but 
free  persons  of  color  formed  part  of  the  former  class.  By 
emancipation,  therefore,  citizenship  was  immediately  conferred 

12  Sentinel,  Feb.  7,  1866. 

13  Executive  Letters,  Worth,  Vol.  1,  p.  265. 
1*  p.  109,  preceding. 

15  Standard,  Aug.  5,  1865. 

16  State  V.  Manuel,  20  N.  C,  20. 


.•.J'f,(JKW»fW""-' 


140  RECONSTRUCTION   IN   NORTH   CAROUNA. 

Upon  some  300,000  persons  who  had  hitherto  been  "aHens 
through  the  disabiHty  of  slavery."  Free  negroes  hitherto 
had  been,  like  other  citizens,  entitled  to  the  privilege  of  the 
writ  of  habeas  corpus,  to  trial  by  jury,  to  own  property,  even 
in  slaves, ^^  to  prosecute  and  defend  suits  in  courts  of  justice, 
and,  as  incident  to  this,  to  make  affidavits  for  a  continuance 
and  to  prove  by  their  own  oaths,  even  against  white  persons, 
accounts  for  labor  to  the  amount  of  $60.^^  But  the  free  ne- 
groes had  been  accustomed  to  the  exercise  of  their  liberties 
and  were  limited  in  number.  When  the  end  of  the  war 
brought  general  emancipation  the  fear  naturally  arose  that  the 
freedmen  newly  endowed  with  citizenship  would  be  unpre- 
pared for  its  rights  without  special  limitations.  The. question 
thus  arose  as  to  what  changes. would,hav£.4u:>be.iiiade  to  enable  "^ 
this  new  class  of  citizign.O.Q...enter_^  their  rights,  and,  ar~"" 
the  same  tiiiig^., their  duties^  without  disturbance  atid  injury  to 
the  body  politic.  To  decide  this  question  the. convention  had 
-J^  authorized  a  commission  to  be  appointed  by  the  provisional 

f\  governor, and  Governor  Holden  had  appointed  B.  F.  Moore, 

r,J\    W.   S.  Masoa.and  R.   S.  DonnelLwlio  at  once  began  their 
\^         work^r"""^'^'^"'    '""':. 

They  pvespixiM-thch-Tei^orrXQ'th^ 
uary,  iS66r"-it-'^was  an  able  and  elaborate  discussion  of  the 
whole  subject  with  a  proposed  scheme  of  legislation,  based 
on  the  recognized  citizenship  of  the  freedmen.  They  advised 
the  repeal  of  all  laws  which  affected  specially  the  colored  race 
and  the  re-enacting  of  such  as  were  necessary.  (The  main 
bill  which  they  recommended,  and  which  was  pass'ed^'WTth  a 
few  minor  changes,  defined  as  persons  of  color  negroes  and 
their  issue  to  the  fourth  generation,  even  when  one  parent  was 
white  in  each  generation.^®    ^They  were  declared  entitled  to 


/ 


17  In  1861  free  negroes  were  forbidden  thereafter  to  own  slaves. 

18  Graham  to  Holderby,  Feb.  6,   1866.     Published  in  the  Sentinel. 

19  Indians  were  included  in    the  bill    as   first    presented,  but    were 
omitted  later. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  I4I 

the^same  rights  and  privileges  and  subject  to  the  same  dis- 
abilities as  free  persbriS  of  color  ;jprwr;j^^^  emancipa- 
tieo^.  _They  were  also  declared  entitled  to  the  same  privileges 
as^white  persons  in  suits  and  proceedings  at  law  and  in  equity. 
The  law  of  apprenticeship  was  altered  so  aVto  apply" to"-both 
races  alike,  with  the  one  exception  that  in  the  case  of  the 
negroes  former  owners  had  a  preference  over  all  other  per- 
sons. The  marriage  of  .former  slaves  was  made  valid  and 
"provision  was  made  for  registration.  Marriage  between 
white  and  colored  persons  was  forbidden  and  a  penalty  pro- 
vided for  issuing  licenses  in  such  cases  or  for  performing  the 
ceremony.  All  contracts  where  one  or  more  of  the  parties 
was  colored  for  property  of  the  value  of  ten  dollars  or  more 
Were  void,  unless  put  in.  writing,  signed  by  the  parties  and 
witnessed  by  a  white  person  who  could  read  and  write.  Per- 
sons of  color  were  declared  competent  witnesses  in  all  cases 
at  law  or  in  equity  where  the  rights  or  property  of  persons 
of  color  were  involved,  and  also  in  pleas  of  the  State  where  the 
offense  was  alleged  to  have  been  committed  against  a  person 
of  color.  In  other  cases  their  testimony  was  admissible  by 
consent.  This  was  not  to  go  into  effect  until  jurisdiction  in  af- 
fairs relating  to  the  freedmen  should  be  left  to  the  State  courts.  ^*^ 
i\lL„crijiiiual..Jaws  were  changed  so  as  to  apply  alike  to  both 
races,  and  the  punishment  was  madie  the  same  except  in  ^^^1^^^^ 
case^of  an  assault  with  the  intent  to  commit  rape  upon  a  white 
woman.  Whiea  the  assault  was  conimitted^  by--a  person  of  coler 
it  was  a  capital  offence ;  otherwis¥lt ' wS'S  an  aggravated  assault 
and  punishable  under  the  common  law  by  fine  and  imprison- 
ment.^^ A  special  court  of  wardens  for  the  colored  poor  was 
authorized  for  each  county. 

The  scheme,  even  with  its  amendments,  met  with  consider- 
able opposition  in  both  houses  and  in  the  State  generally.  The 
press,  however,  almost  unanimously  favored  it.     The  ^'standard 

20  This  provision  was  first  inserted  in  the  House. 

21  The  report  will  be  found  in  the  Legislative  Documents  for  1865-6 
and  in  the  newspapers  of  January,  1866. 


RECONSTRUCTION  IN  NORTH  CAROLINA. 

wa^^jftilgnt^on  the  subject,  an^-JJafea^^dit^^^^  the 

nr^p^fi^^  legislation.  Tt  j^as  charged  that  he  attempted  "lx> 
defeat  the  plan  in=the  hope  that  the  State  inight  ag-ain  be  put 
under  a  prbvisional  government.^^  Many  persons  in  the  State 
seemed  unconvinced  that  citizenship  had  already  been  con- 
ferred upon  the  negroes  and  that  any  deprivation  of  their 
rights  would  be  an  injustice.  When  the  November  election 
took  place  it  is  hardly  doubtful  that  a  majority  in  the  State 
was  opposed  to  giving  negroes  the  right  to  testify.  Their 
ij  testimony  had  not  been  admissible  against  white  persons  for 

^  many  years,  if  ever,  but  since  1821  slaves  had  been  permitted 

\  V-  *^  testify  against  free  negroes.^^  Wh^ii,._the,X!eport  of  the 
>.**  commission  was  presented '^echief^j^ht  was  made  on  the 
^/  portion  relating  to  testimony  and  the  debate" lasted"Touf""3ays. 
Two  grounds  for  the  passage  of  this  part  of  the  bill  had  been 
stated  by  the  commission:  first,  that  the  helpless  and  un- 
protected condition  of  the  colored  race  demanded  it;  and  sec- 
ond, that  the  admission  of  their  testimony  was  necessary  to 
secure  to  colored  people  their  property  rights.  Other  reasons 
were  advanced  in  the  debate — the  well-known  desire  of  the 
President  for  its  passage,  the  hope  that  full  jurisdiction  would 
be  given  the  State  courts  in  cases  relating  to  the  freedmen, 
and  that  the  Freedmen's  Bureau  would  be  withdrawn.  Xhj&*>>- 
general  unreliability  of  negro  testimgya^,.;aja&-fully  recognized, 
but  if'WSfmdoi^STSeff^^  any,  -ami"'^-^"** 

^t^jimes  defeat  justice.  And  it  was  believed  that  it  would  be 
a  means^"oTe3ucation  in  telling  the  truth.  In  opposition  it  was 
urged  that  it  was  a  step  towards  negro  suffrage,  and  in  any 
case  would  arouse  hopes  in  the  negroes  that  would  be  of  no 
benefit  to  them.  |Finally  the  bill  obtained  in  the  House  of 
Representatives  a  majority  of  one  vote.  In  the  Senate  it 
failed  to  pass  its  second  reading,  but  on  re-consideration  it 
obtained  a  majority  of  eight.   jJMany  of    the  members    had 

22  Sentinel,  March   14,   1866. 

23  It  is  said  that  this  law  was  enacted  to  humble  the  free  n^roes. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  I43 

changed  their  opinion  during  the  debate,  but  were  pledged 
to  their  constituents  to  vote  against  negro  testimony.  This 
accounts  in  part  for  the  small  majorities  obtained.^* 

The  commission    recommended    and    obtained  the    passage 
of  acts   providing  punishment   for  pursuing   live   stock   with 
the  intention  of  stealing,-^   for  seditious   language,   insurrec- 
tion and  rebellion  and  for  vagrancy.    The  Vagrancy  Act  was  a 
substitute  for  two  statutes  already  existing  which  made  a  ais- 
tinction  between  the  races.     Acts  were  also  passed  to  prevent 
wilful  trespass  on  lands  and  stealing  from  them,  to  prevent 
the  enticing  of  servants  from  fulfillment  of  contracts  or  the    I     | 
harbofihg  of  servants  who  had  already  broken  a  contract,  and    \U«^^ 
to  secure  to  agricultural  laborers  their  pay  in  kind.    A  s^tem.       (^ 
of  :work-houses  was  provided  for  to  be  used  in  the  punishment         \ 

of  ^'^^^^'^^^^^^""^  ^'^^  j^i^nr  inw'^'^r^^'^*-^^  -^"^^b'  '^lMl   n^ 

both  races,  and  the  whole  "code,"  if  it  be  so  called,  was  charac- 
teri^ed  by  justice  and  moderatimi. 

The  jligl^t:  ,disci4ffi-matit»T-5hown.  h^-— ""r--wai  11lffi"'''"^t  to     ^ 
cause  objection  by  the  officers  of  the  ^^gg^g]|£g.'f_,?"r^.Hi,j^^  T^  ^ 
in  consequence' of  their' relusal  to  surf ienSer  jurisdiction  Gov- 
ernor Worth  recommended  to  the  convention  which  met  in 
May  that  it  should  make  alterations  satisfactory  to  the  Freed- 
men's   Bureau.^^     This^was   done  by    making  penalties    the 
same  for  both  races  in  all  cases"  afid^'aboTisHIng  all  discrimina- 
tioQ3^,before  the  law."    The  act  was,  however,  only  legtslatlvl?;' 
and  did  not  bind  the  further  action  of  any  general  assembly. 

The  social  and  economic  condition  of  the  freedmen  during 
1865  and  1866  was  one  that  might  well  excite  pity.  Their  first 
instinct  upon  emancipation  had  naturally  been  to  move  about 
and  put  their  freedom  to  a  test.  Town  life,  with  its  excitement, 

24  Sentinel,  March  5,  1866. 

25  This  was  made  necessary  by  the  increase  of  theft  of  live  stock, 
particularly  of  hogs. 

26  Journal,  p.  5. 

27  Ordinances,  p.  8. 


^^ 


144  RECONSTRUCTION   IN  NORTH   CAROLINA. 

furnished  an  almost  irresistible  attraction,  and  only  the  presence 
of  troops  was  necessary  to  render  it  completely  so.  Free- 
dom, in  their  minds,  meant  freedom  not  only  from  slavery 
but  from  work,  with  a  continuation  of  their  former  freedom 
from  responsibility.  Refusal  to  work  resulted  naturally  in 
want  of  the  necessaries  of  life,  and  sickness  and  destitution 
were  general  in  the  towns.  In  the  country  matters  were  some- 
what better.  There  the  derrioralization  of  those  that  remained 
was  not  so  great  and  support  was  more  easily  obtained  either 
by  labor  or  dishonestly.  Crime  increased  greatly  as  the  time 
went  by.  The  proceedings  of  the  provost  marshal's  court  in 
Raleigh  show  somewhat  the  extent  of  petty  offenses.  Serious 
offenses  of  all  sorts  were  turned  over  to  the  Freedmen's  Bu- 
reau, but  larceny,  disorder  and  similar  offenses  were  usually 
punished  by  hanging  the  convicted  parties  by  their  thumbs 
to  the  lamp  posts  in  the  streets.  The  newspapers,  in  almost 
every  issue,  had  accounts  of  violence  and  crime  committed  by 
freedmen,  and,  in  most  cases,  these  went  unpunished.  The 
Bureau  agents,  either  from  intention  or  inability,  accomplished 
little  to  remedy  the  condition  of  affairs.  In  many  instances 
it  was  impossible  for  the  farmers  to  keep  the  smaller  live 
stock  with  any  degree  of  security,  and  even  horses  and  cattle 
were  frequently  stolen.  The  large  number  of  wandering 
negroes  increased  the  difficulty  of  bringing  the  offenders  to 
justice. 

2.  ConMct  of  the  Civil  and  Military  Powers. 

At  the  beginning  of  the  provisional  government  there  was, 
naturally,  no  question  of  the  distinction  between  the  civil  and 
military  powers.  In  a  sense,  the  provisional  governor  was 
more  a  military  than  a  civil  officer.  His  appointment  and 
authority  were  based  on  the  war  power  of  the  President,  and 
the  object  of  his  appointment  was  to  restore  a  civil  govern- 
ment.    This  was  a  work  that  would  necessarily  take  time,  and 


.     ■  RE:C0NSTRUCTI0N   in   north   CAROLINA.  I45 

to  the  military  forces  was  confided  the  duty  of  at  least  pre- 
serving order.    At  the  close  of  the  war  North  Carolina  formed 
a   distinct   military    department.      At   first    General    Schofield  • 
was  in  command,  but  he-^was'  sucoieeded  hy-Gmi^UKiLii&H^mm^  r 
H.  RugerJ    The  latter  divided  the  department  into  five  dis-  , 
tricts,  each  with  a  general  commanding.^^     In  June,  1866,  the  , 
State  was  included  with  South  Carolina  in  the  Department  of 
the   South  and  placed    under  General    Daniel    E.    Sickles.'^^ 
North   Carolina  formed  a  separate  command  under  General 

J.    C.    T? r^Kip crtrL,,. W^^K^  W?ir?I^?'^^^SslsralTt""cO^ 

the   Freedmen's   Bureau.     This  arrangemiiBn^  contmued   until 

the  establishment^!  the  'military  government. 

The  first  difference  which  arosc-was'Tri  fegard  to  the  county 
police  force.  While  General  Schofield  was  in  command  he 
had  a  definite  agreement  with  the  provisional  governor,  by 
which  the  whole  matter  was  left  to  the  various  county  courts.^^ 
Acting  in  accordance  with  this  agreement  Governor  Holden 
gave  the  justices  of  several  counties  permission  to  establish 
such  a  force.  But  General  Ruger,  who  in  the  meantime  had 
succeeded  General  Schofield,  refused  to  recognize  the  agree- 
ment or  to  allow  th'e  forces  thus  organized  to  act.^^  \ 

The  next  matter  of  which   Governor   Holden   complained 
was  in  regard  to  the  colored  troops  stationed  in  the  State.  The 
first  complaint  to  Governor  Holden  came  from  WilmingtcrtiT^ 
The  town  had  a  negro  garrison,  and  with  its  large  n^fo'iJopuT'' 
lation  was  in  a  state  of  great  alarm.  Alfred  M.  Waddell  wrote^ 
the  governor  early  in  June  that  outrages  by  the  troops  were 
of  daily  occurrence  and  that  the  effect  of  the  presence  of  the 

28  They  were  as  follows:  New  Bern,  Gen.  C.  J.  Paine;  Wilmington, 
Gen.  J.  W.  Ames;  Raleigh,  General  A.  Ames;  Greensboro,  Gen.  S.  P. 
Carter;  and  West  North  Carolina,  Gen.  Thos.  T.  Heath,  with  head- 
quarters at  Morganton.     Off,  Ree.  No.  100,  p.  675. 

29  General  Orders,  No.  32;   May  19,   1866. 

30  Executive  Letters,  Provisional  Governor,  p.  77. 

31  Ibid,  pp.  70  and  77. 


10 


■1 


?I46  RECONSTRUCTION   IN  NORTH  CAROUNA. 

f  colored  troops  on  the  negro  population  was  very  dangerous. 
■  Arrests  were  constantly  made  without  any  cause,  and  in  one 
instance  the  soldiers  were  instructed  if  the  person  arrested 
said  or  did  anything  to  run  him  through.  There  was  little 
or  no  redress,  as  unusual  latitude  was  given  the  colored 
troops.^^  In  July  the  mayor  and  commissioners  wrote  describ- 
ing the  conduct  of  the  negroes  and  the  apprehension  felt  by 
the  white  people  of  an  insurrection.  The  negroes  had  de- 
manded that  they  should  have  some  of  the  city  offices  and  had 
made  threats  when  they  were  refused.  The  governor  replied 
^  that  the  citizens  had  acted  rightly  in  refusing  to  appoint  the 
negroes  to  office,  as  the  right  to  hold  office  depended  on  the 
right  of  suflfrage.  He  also  assured  them  that  if  the  negroes 
attempted  by  force  to  gain  control  of  public  affairs  or  avenge 
grievances  suffered  at  the  hands  of  the  whites,  they  would  be 
visited  with  swift  punishment ;  but  if  obedient  to  the  laws  they 
would  be  protected.  He  also  wrote  General  Ruger  and  ap- 
I  "^^  jpealed  to  him  to  take  steps  in  the  matter,  suggesting  that  the 

\        ^    poHce  guard  of  New  Hanover  county    should    be  armed  and 
<j       that  the  city  authorities  should  have  a  reserve  of  arms  at  their 
disposal.     In  September  all  the  negro  troops  from  the  North 
that  were  in  the  State  were  ordered  to  be  mustered  out,  but 
this  still  left  a  considerable  number.^^     Wherever  they  were 
stationed  there  was  genuine  alarm  among  the  inhabitants.     A 
report  in  Raleigh  in  1866  that  a  company  was  to  be  ordered 
there  caused  intense  uneasiness.^*     In  the  case  of  Elizabeth 
City   and    Ed^nton    all  alarm  was  unfounded,  as  the  soldiers 
■    behaved  veryy  well.^*^     But  in  Beaufort  a  party  of  them  from 
>  Eort  Macon  committed  a  brutal  rape  and  were  also  guilty  of 
.jf't   attempting  the  same  crime  a  second  time.    They  were  arrested 
^  in  the  town  and  the  garrison  of  Fort  Macon  threatened  to 

turn  its  guns  upon  the  town  if  they  were  not  surrendered.^^ 

32  Executive  Letters,  Provisional  Governor,  p.  35. 

33  Off.  Rec.  No.  126,  p.  108.  36  Standard,  Jan.  5,  1866. 

84  Sentinel,  Aug.  18,  1865. 

85  Ibid,  Sept.  25,  1865. 


^^■ 


RECONSTRUCTION   IN   NORTH   CA'fiOUNA.  I47 

The  condition  of  affairs  there  yras  so  bad  that  General  Ruger 
forbade  any  soldiers  to  leav^^the  fort  except  under  a  white 
officer.^^  Near  Wilmingtgh,  Thomas  Pickett  was  mur- 
dered and  his  tAvo  daughters  dangerously  wounded  by  three 
soldiers  from  the  negro  garrison  at  Fort  Fisher  in  company 
with  a  negro  from  Wilmington. ^^  In  Kinston  a  citizen  was 
beaten  by  the  soldiers,  and  upon  Governor  Holden's  complaint 
to  General  Ruger  the  garrison  was  rembved.^®  Soon  after- 
wards the  governor  notified  General  Ruger  that  a  car  of  mus- 
kets and  ammunition  had  been  side-tracked  at  Auburn,  and 
while  left  unguarded  had  been  opened  by  the  freedmen  and 
its  contents  distributed.  The  possessors  of  the  arms  then 
became  the  terror  of  the  community.*^  Complaints  of  colored 
troops  were  also  sent  in  from  New  Bern,  Windsor  and  other 
eastenitywns.*^  General  Ruger  and  General  Cox  both 
showed  a  disposition  to  do  everything  in  their  power  to  pre- 
vent any  trouble,  the  latter  issuing  special  orders  on  the  sub- 
ject.*2  In  September,  1866,  the  last  remaining  regiment  of 
negro  volunteers  was  mustered  out,  and  that  cause  of  discon- 
tent disappeared.*^ 

The  white  troops  as  a  general  thing,  after  the  confusion  inci-  *  ^ 

dent  to  the  surrender  was  over,  behaved  well.     In   ^^ll<^Y^l]f,„  ^     d^ 
however,  they  were  so  disorderly  and  undisciplined  that  great     '        i 
efforts  were  made  bv  the"  citizens  f"|  hnrfi  *^'^^  ^^j^iwAt.:^.^  4*  O 

The  chief  cause  of  friction  between  the  civil  and  the  military  ^ 

authorities  was,  however,  aaaulM^'t   ^»'  I'Mpjimsfd,  coiiCerning  ^ 

the  admijii§:tration  of  justice^     Qqy^-^^^^^  Holden,  as  has  been     *    ^ 

37  Executive  Letters,  Worth,  Vol.  1,  p.  38.  ^ 

38  Sentinel,  Jan.  18,  1865.  Y' 

39  Executive  Letters,  Provisional  Governor,  p.  81. 

40  Ibid,  p.  82. 

41  Ibid,  pp.  78-9. 

42  Ibid,  p.  8. 

43  House  Ex.  Docs.  No.  1,  p.  299 ;  1st  session  40th  Cong. 

44  Vance  to  Worth,  Feb.  6,  1866. 


148  RECONSTRUCTION   IN   NORTH   CAROLINA. 

seen,  appointed  a  full  number  of  provisional  judges,  and  when 
the  civil  government  went  into  operation  the  office  in  every 
district  was  filled  by  election.  A  number  of  the  provisional 
judges  decided  that  they  had  no  jurisdiction  in  cases  of  of- 
fenses committed  prior  to  May  29,  1865,  and  the  rest  assented 
to  this  opinion,*^  but  it  only  applied  to  the  provisional  judges 
^sl.,,-"  and  in  noTlvay  bound  those  elected  by  the  Genera.1  Assembly." 

Oy"'  The  question  of  conflicting  jurisdiction  first  arose  in  July, 

f  1865.     A  white  man  in  Chatham  county  killed  a  freedman  in 

June.     Governor  Holden  had  not  then  appointed  any  judges 
and  therefore  turned  the  prisoner  over  to  General  Cox,  who 
at  once  ordered  him  to  be  held  by  the  provost  marshal  until 
the  civil  courts  should  be    open.     In  July    when    Governor 
Holden  requested  that  the  prisoner  should  be  delivered  to  the 
civil  authorities  for  trial.  General  Ames  refused  on  the  ground 
'"^>^^^  that  in  view  of  the  facts  of  the  case  a  military  trial  was  neces- 
•       sary.*^     The  same  month  the  question  again  arose  over  three 
citizens  of  Person  countv  who  were    arrested  for    an  assault 
O  upon  a  freedman  and  carried  to  Raleigh  for  trial  by  a  military 

^'  commission.      Governor  Holden  at  once  called  the  attention 

of  General  Ruger  to  the  re-organization  of  the  civil  govern- 
ment of  the  county,  and  requested  that  the  prisoners  might 
_^  be  remanded  there  for  a  civil  trial.     General  Ruger  refused 

on  the  ground  that  the  military  authorities  had  a  clear  juris- 
diction in  all  cases  relating  to  the  preservation  of  order,  and 
consequently  did  not  have  to  wait  for  the  call  of  the  civil  power 
or  to  obey  the  writ  of  habeas  corpus.  He  declared  that  vio- 
lence toward  the  freedmen  was  not  uncommon  in  the  State, 
but  that  he  knew  of  no  instance  where  the  provisional  magis- 
trates had  taken  official  notice  of  such  cases.  He  further 
^  ,  said  that  he  was  informed  by  the  agents  of  the  Bureau  that 
hostility  to  the  freedmen  was  succeeding  apathy,  and  that 
consequently  no   dependence   could   be  put   on   grand   juries. 

45  The  opinion  is  in  the  Standard,  Dec.   15,   1865. 

46  Executive  Letters,  Provisional  Governor,  pp.  8,  20  and  23. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  I49        ^     J 

The  only  remedy  for  offenses  against  the  blacks  was  prompt  r\  V 
trial  by  a  military  commission.     He  also  objected  to  the  pro-  _^    ^ 
cedure  of  the  civil  courts  as  clumsy  and  productive  of  delay.*^ 
Governor   Holden   maintained   that   the   proclamation   of   the         0 
President    gave    the    civil    power    exclusive   jurisdiction    and   r>.  ^^ 
showed  the  utter  impossibility  of  concurrent  jurisdiction.     He  V\ 
defended  the  State  against  the  charge  of  hostility  to  the  freed-     ^     » 
men,  suggesting  that  the  Bureau  commissioners  had  probably        *  /» 
heard  only  one  side  of  the  question.*®    But  General  Ruger  was     ^S^ 
not  to  be  convinced  and  closed  the  discussion,  declaring  that 
martial  law  existed  at  the  surrender,  and  in  his  opinion  existed  ^ 

still,  except  where  modified  by  the  President.  He  expressed 
his  confidence  in  the  honesty  of  the  courts,  but  declared  that 
they  were  without  power  to  prevent  violence.'*® 

Governor  Holden  referred  the  whole  matter  to  the  Presi- 
dent, who  did  not  interfere  in  behalf  of  the  State.  The  gov- 
ernor in  the  meantime  made  every  effort  to  conform  to  the 
wishes  of  General  Ruger.  Courts  of  Oyer  and  Terminer  were 
ordered  to  be  held  in  various  parts  of  the  State,  and  this  re- 
moved ground  for  the  charge  that  justice  was  delayed.  Finally 
Governor  H^den  reached  a  definite  agreement  with  General 
Ruger  as  to  military  ana  civtt  jtiriscrTction.  All  cases  of  mis- 
demeanor  or  violation  ot  law  in  which  white  persons  alone  '\  Qt 
were  concerned  were  placed  within  the  jurisdiction  of  the*  /' 
courts  of  Oyer  and  Terminer  constituted  by  the  governor, 
while  all  cases  in  which  freedmen  were  concerned  were  de^  , 
clared  under  military  jurisdiction.^^  Later  the  judges  of  the 
courts  of  Oyer  and  Terminer  were  given  power  to  bind  over 
to  court  or  to  bind  to  keep  the  peace,  and  even  to  lodge  in  jail 
accused  persons,  regardless  of  color.  The-4naljQf_such  cases 
as  concerned  freedmen  was,  however,  still  by  miHtary  com- 

47  Executive  Letters,  ^Provisional  Governor,  pp.  27-32. 

48  Ibid,  pp.  31-6. 
40  Ibid,  p.  37. 

50  Sentinel,  Sept.  19,  1865. 


v^ 


150  RE:C0NSTRUCTI0N   in   north   CAROLINA. 

missions.^^  General  Meade  approved  the  arrangement,  assur- 
ing"^Governor  Holden  that  whenever  the  laws  of  the  State  and 
the  practice  of  the  courts  left  no  doubt  that  the  freedmen 
would,  receive  justice,  the  use  of  military  commissions  would 
cease.^^ 

The  conflict  of  the  two  jurisdictions  was  carried  to  its  ulti- 
mate issue  in  the  trial  of  Major  John  H.  Gee,  of  Florida,  by  a 
military  commission  for  violation  of  the  laws  of  war  in  his 
treatment  of  Federal  prisonersat^^lisbury.  A  short  review 
of  the  case  will  be  interg^titfgras  it  was  the  most  important 
^on£^Jtii£dJi5L.a-4»ilttSry  commission  in  North  Carolina.  The 
commission  assembled  in  Raleigh  on  February  21,  1866.  Major 
Gee,  through  counsel,  claimed  that  under  the  terms  of  the 
Sherman- Johnston  agreement  he,  as  a  paroled  prisoner,  was 
not  liable  to  trial.  The  commission,  however,  claimed  juris- 
diction, and  the  trial  followed.  Major  Gee  then  pleaded  his 
acceptance  of  the  terms  of  amnesty  as  laid  down  in  the  Presi- 
dent's proclamation,  but  the  commission  decided  that  he  was 
debarred  under  the  sixth  exception.^^  The  trial  lasted  over 
eighty  days,  though  only  fifty-five  of  these  were  actually  con- 
sumed in  the  proceedings  of  the  court.  More  than  a  hundred 
witnesses  were  examined.  At  the  close  of  the  examination 
of  the  witnesses  for  the  prosecution  the  defence  entered  a 
plea  that  the  jurisdiction  of  the  commission  had  been  removed 
by  the  President's  proclamation  declaring  that  the  insurrec- 
tion had  ceased,^*  and  moved  that  the  case  should  be  referred 
to  the  civil  authorities.  The  commission,  after  hearing  the 
matter  argued  by  counsel,  refused  to  assent  to  the  motion  and 
ordered  a  continuance  of  the  trial.  Colonel  Holland,  counsel 
for  Major  Gee,  then  sued  out  a  writ  of  habeas  corpus  directed 
to  General  Ruger  and  returnable  to  Judge  Fowle.     General 

51  Record  of  the  Provisional  Governor,  pp.  143-4. 

52  Executive  Letters,  Provisional  Governor,  p.  74. 

53  This  excepted  those  who  had  violated  the  laws  of  war. 
6*  Proclamation  of  April  2,  1866. 


RECONSTRUCTION   IN   NORTH   CAROUNA.  I5I 

Ruger  refused  to  produce  Major  Gee  on  the  ground  that  he 
held  him  under  the  President's  order.  Colonel  Holland  then 
moved  that  an  attachment  be  issued  against  General  Ruger. 
Judge  Fowle  announced  as  his  opinion  that,  under  the  Presi- 
dent's proclamation,  the  prisoner  was  entitled  to  civil  trial. 
But  he  postponed  his  decision  for  two  weeks.  The  day  before 
the  time  specified  for  rendering  the  decision  President  John- 
son notified  the  governor  that  his  proclamation  was  not  in- 
tended to  operate  in  the  case  of  a  military  commission  already 
instituted,  and  that  General  Ruger  had  been  instructed  to  allow 
the  trial  to  proceed,  but  to  report  all  proceedings  to  the  War 
Department  for  revision.  The  next  day^^  Judge  Fowle  ren- 
dered a  formal  decision  declaring  that  by  virtue  of  the  official 
declaration  of  the  President  that  the  insurrection  was  at  an 
end.  Major  Gee  was  entitled  to  the  privileges  of  the  writ  of 
habeas  corpus,  and  consequently  that  General  Ruger's  return 
was  insufficient.  He  then  issued  an  attachment  against  thej 
general,  with  instructions  to  the  sheriff  not  to  serve  it  if  the 
writ  should  be  obeyed.  General  Ruger  of  course  declined  to 
obey  the  writ  or  to  submit  to  arrest.  The  matter  was  then  re- 
ferred to  the  governor,  and  thus  came  to  an  end.^^  The  result 
of  the  trial  was  the  acquittal  of  Major  Gee. 

The  most  important  of  the  military  trials  in  which  the  ac- 
cused was  a  citizen  of  North  Carolina  was  that  of  Mrs.  Isham 
Ball,  of  Warren  county,  in  February,  1866,  for  the  murder 
of  a  freedmatT-HPfe^-.testimony  showed  beyond  doubt  that 
he  had  entered  upon  her  premises  after  being  forbidden  to 
do  so,  and  was  advancing  upon  her  in  a  most  threatening  way 
when  she  fired  the  shot  which  killed  him.  The  commission, 
however,  found  her  guilty  of  manslaughter,  and  sentenced 
her  to  three  years'  imprisonment.     General  Ruger  reduced  it 

55  April  28,  1866. 

56  The  account  of  this  case  has  been  gathered  from  the  files  of  the 
Sentinel  and  Standard  for  1866. 


152  RECONSTRUCTION   IN   NORTH   CAROLINA. 

to  one,  and  a  later  appeal  to  the  President  resulted  in  her 

pardon.     No  attempt  was  made  to  procure  a  civil  trial  for 

her. 

^      These  were  the  chief  instances  of  disputed  jurisdiction  and 

A  ^of  trial  by  military  commission.    But  they  are  merely  examples 

*\  chosen  from  the  great  number  in  the  period  extending  from 

v^'    J^ty'  1865,  until  the  establishment  of  military  government  in 

%!V   _tname  as  well  as  in  fact  in  1867. 

In  the  fall  of  1865  Captain  W.  H.  Doherty,  an  assistant 
J/ quartermaster  at  New  Bern,  petitioned  General  Ruger  to  order 
^  "^f  3.  military  commission  to  investigate  the  hanging  of  twenty 
P  ^  /  North  Carolina  Union  volunteers  in  March,  1864,  by  General 
'J  ^1  George  E.  Pickett  and  General  R.  F.  Hoke,  "merely  because 
of  their  devotion  to  the  Union  cause."  A  board  of  inquiry 
was  accordingly  constituted  and  recommended  that  the  officers 
composing  the  court-martial  that  ordered  the  executions  re- 
ferred to.  General  Pickett,  General  Hoke,  Colonel  Baker  and 
others  unnamed,  should  be  tried  and  punished  for  violation 
of  the  laws  of  war.  The  testimony  taken  by  the  board  showed 
that  those  executed  had  all  been  deserters,  but  the  board 
claimed  that  it  was  only  from  the  State  service,  and  that  con- 
sequently the  court-martial  had  no  authority.  Judge  Advo- 
vate  General  J.  Holt,  to  whom  the  case  was  referred,  decided 
that  no  personal  charge  could  be  sustained,  as  those  executed 
had  been  deserters.  Another  court  of  inquiry  was  constituted 
in  January,  1866,  but  was  able  to  gain  no  incriminating  evi- 
dence. In  the  meantime  the  Judge  Advocate  General  had 
changed  his  opinion  in  regard  to  the  possibility  of  punishment 
and  recommended  General  Pickett's  arrest  and  trial. ^^  Gen- 
eral Pickett  and  General  Hoke,  however,  had  already  appealed 
to  General  Grant,  and  this,  in  connection  with  the  impossi- 
bility of  securing  a  conviction,  led  to  the  dropping  of  the  whole 
matter. 

57  House  Ex.  Docs.  No.  98,  Ist  Sess.  39th  Cong. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  1 53 

Injudicious  expressions  of  opinion  by  newspaper  editors 
resulted  on  several  occasions  in  the  application  of  military 
law.  The  publisher  of  the  Goldsboro  N^ezus  was  arrested,  and 
the  publication  of  his  paper  suspended,  on  account  of  a  criti- 
cism of  some  women  who  had  come  from  the  North  to  teach 
in  colored  schools. ^^  He  was  released  without  punishment. 
Benjamin  Robinson,  one  of  the  editors  of  the  Fayetteville 
Observer,  was  arrested  in  December,  1865,  for  seditious  lan- 
guage, and  was  brought  to  Raleigh.  Later  he  was  released 
on  parole.^®  But  the  most  noted  of  such  cases  was  that  of 
Robert  P.  Waring,  editor  of  the  Charlotte  Times.  He  was  * 
af?esFeti  In  JJteemDer,  1505,  ana  after  several  weeks'  confine- 
ment was  tried  on  the  charge  of  ''publishing  and  circulating 
disloyal  and  seditious  writings  within  a  district  under  martial 
law,  the  writing  referred  to  being  calculated,  it  was  alleged, 
and  intended  to  produce  hostility  to  the  government  of  the 
United  States.  It  was  an  editorial  declaring  the  South  to  be 
under  a  despotism.^''  To  the  charge  above-mentioned,  so  far 
as  concerned  the  act,  he  pleaded  guilty.     The  intention  alleged 

58  standard,  Jan.  11,  1866. 

59  Ibid,  Dec.  18,  1865. 

60  The  editorial  was  as  follows :  "We  are  still  without  Washington 
news,  and  look  forward  to  the  report  of  the  committee  on  credentials 
with  some  interest,  though  without  hope  of  receiving  justice.  The 
South  is  now  under  a  more  grinding  despotism  than  has  heretofore 
found  a  place  upon  the  face  of  the  earth.  Raised  under  a  form  of 
government,  as  expounded  by  the  early  fathers  of  the  republic,  when  to 
say  'I  am  an  American  citizen'  was  to  be  equal  to  a  king,  we  feel  our 
serfdom  more  painfully  by  reflecting  upon  what  we  have  lost.  We 
have  fallen  from  our  high  estate,  and  now  there  is  'none  so  poor  as 
to  do  us  reverence.'  Other  nations,  suffering  under  the  iron  heel  of 
lawless  tyranny,  can  console  themselves  with  the  reflection  that  their 
condition  is  no  worse  than  that  of  their  predecessors.  Not  so  with  the 
proud  Southron.  He  once  roamed  his  field  a  free  man,  and  sat  under 
his  own  vine  and  fig  tree,  and  none  dared  make  him  afraid.  He  was 
the  equal  if  not  the  superior  of  the  mercenary  race  which  now  domi- 
nates over  him."  — *— -- 


{ 


0 


154  RECONSTRUCTION   IN   NORTH   CAROUNA. 

he  denied.  He  was  ably  defended,  but  the  result  was  a  fore- 
gone conclusion  and  he  was  found  guilty  and  fined  $300.^^ 

The  only  other  important  case  of  interference  by  the  mili- 
tary authorities  in  criminal  proceedings  was  in  December, 
.1866,  when  corporal  punishment  was  forbidden  except  in  the 
/^ase  of  apprenticed  minors.  The  same  order  forbade  the 
(\  enforcement  of  the  vagrancy  laws  when  any  distinction  was 
\  made  onaQComtt  of '^racJgT^^^'Aig:  regards  corporal  punishment 
the^'State  ■  had  no  prison,  and  for  many  years  pu»4.shm£Qtby 
whipping  had  been  administered  to  the  criminals  of  botK* 
races.  ^The  prejudice  against  it  originated  witTi  the  negroes 
and  the  Freedmen's  Bureau  agents,  who  alike  regarded  it, 
when  applied  to  the  former,  as  a  remnant  of  slavery.  For 
months  before  the  order  forbidding  it  was  issued  there  had 
been  constant  interference  by  the  Bureau  in  the  execution 
of  the  sentences  of  the  courts.  The  cruelty  of  the  punishment 
could  hardly  have  been  the  cause  of  its  abolition,  for,  as  has 
been  noticed,  hangingby  the  tbnmhg  AA^ag  t|^f^  nQiiaj  t^|,]j]j,f]li-  -^ 
ment  administered  bylTip  piAuimi  m^i'Trmrg  rc^^Mri^jn  "RaJdghn^ 
Govel-nor  Worffi  ^p^ealed^^^^^^to  PresidentT^nd  in  company 

with  Judge  Ruffin,  ex-Governor  Swain  and  Mr.  Boyden  went 
to  Washington  to  see  him,  but  no  change  in  the  order  was 
made.  In  any  case  it  would  have  been  too  late,  as  the  military 
government  was  established  by  Congress  soon  after. 

In  numerous  other  ways  military  authority  was  exercised. 
Interference  in  civil  suits,  while  not  so  frequent  as  in  criminal 
cases,   was  not  unknown.     An   instance   of  this   occurred   in 

«i  This  was  not  his  first  experience  of  the  military  power  of  the 
United  States,  for,  in  1861,  when  he  returned  to  New  York,  after  re- 
signing the  consulship  at  St.  Thomas,  he  was  arrested  and  confined  for 
some  time  for  raising  his  hat  to  a  Confederate  flag.  Dowd.  Prominent 
North  Carolinians,  p.  73.  .^'■' 

~62l5:eneral  Orders  No.  15. 

«8  Proceedings  of  the  Provost  Marshal's  court,  published  in  the  Stand- 
ard during  1865. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  1 55 

Raleigh  in  February,  1866.  Two  men  from  the  North  rented 
a  hotel  property  in  the  town.  The  owner,  after  some  time, 
unable  to  collect  the  rent,  sued  for  the  amount.  Finding  that 
the  lessees  were  about  to  leave  town  he  had  them  arrested,  but 
General  Riiger,  who  had  refused  to  interfere  in  the  suit  on 
account  of  lack  of  jurisdiction,  now  forced  the  sheriff  to  release 
them  because  there  was  no  judge  to  summon  the  plaintiff  to 
show  the  cause  of  their  arrest.  The  defendants,  soon  after  their 
release,  left  the  State  without  settling  their  indebtedness. 
General  Ruger  claimed  that  he  had  not  intended  to  prevent 
recovery  by  the  plaintiff  but  only  to  delay  arrest  until  a  judge 
should  be  present  in  the  town.** 

Several  times  interference  occurred  in  regard  to  taxes.  The 
convention  of  1865  levied  a  tax  on  all  mercantile  business  for 
that  year.  In  Wilmington  in  January,  1866,  General  Cook, 
who  was  then  in  command,  issued  an  order  restraining  the 
sheriff  of  New  Hanover  from  collecting  the  tax  from  firms 
trading  under  a  Federal  license.  This  ruling,  however,  was 
revoked  by  General  Ruger.*^  In  1866  General  J.  C.  Robinson 
interferred  in  the  collection  of  a  poll  tax  in  Cumberland  and 
Columbus  counties,  ordering  the  sheriffs  to  refund  all  collecte(i 
above  $1.,  as  the  State  had  only  levied  that  amount.  He  was 
probably  ignorant  of  the  fact  that  the  law  had  a  provision  for 
increasing  the  amount  according  to  the  necessities  of  each 
county.** 

Such  was  the  part  played  by  the  army  in  North  Carolina  in 
civil  affairs  during  the  period  of  Presidential  reconstruction. 
Enough  has  been  shown  of  the  workings  of  the  State  govern- 
ment to  make  it  clear  that  while,  by  degrees,  much  was  left 
to  the  State  authorities,  the  government  was  practically  mili- 
tary in  that  the  State  government  performed  its  functions 
only  through  the  acquiescence  of  the  military  commanders. 

64  Executive  Letters,  Worth,  Vol.  1,  pp.  44-6. 

65  Ibid,  pp.  36-7. 

66  Ibid.,  pp.  208-9. 


156  RECONSTRUCTION   IN   NORTH   CAROUNA. 


^.. 


( 


These  commanders,  in  general,  showed  themselves  to  be  con- 
siderate and  animated  by  a  desire  for  peace  and  harmony. 
But  they  were  naturally  inclined  to  disregard  points  of  law 
which  were  of  importance  to  a  civilian,  and  when  their  minds 
were  made  up  to  any  course  it  was  practically  useless  to  ad- 
vance any  arguments  in  opposition.  While  their  interference 
in  civil  affairs  was  deeply  resented  and  sharply,  if  uselessly, 
opposed  in  the  State,  the  officers  generally  were  personally 
popular  in  the  various  communities  in  which  they  were  sta- 
tioned. 

J.  State  Politics  in  1866. 

At  the  close  of  the  provisional   government   Mr.    Holden, 

/embittered  by  his  defeat  and  disappointed  in  his  plan  to  con- 

VH   /tinue  in  office,  resumed  the  editorship  of  the  Standard.     He 

'      still  had  the  ear  of  the  President  and  felt  that  through  this 

i*  it.  fact  he  might  succeed  in  the  end.     But  abuse  of  the  Radical 

fV  V]   policy  at  Washington  became  less  and  less  frequent  in  Holden's 

paper,  and  at  the  same  time  less  violent;  and  by  the  summer 

^  of  1866  it  had  ceased  entirely.     His  quiet  opposition  to  the 

.  admission  of  negro  testimony  showed  what  was  in  his  mind. 

»         \  No  thinking  person  aware  of  the  conditions  of  public  senti- 

0*       \  ment  at  the  North  doubted  that  a  refusal  to  make  this  con- 

A  cession,  demanded  alike  by  justice  and  policy,  would  solidify 

\4  lithe  radicals  in  Congress  against  any  recognition  of  the  exist- 

k£&         ing  State  government,  and  it  is  also  very  clear  that  Mr,  Holden 

did  not  desire  the  recognition  by  Congress  of  those  who  had 

defeated  him.     He  was  accused  of  this  by  the  Sentinel  in 


'  '^^March  and  thereafter.^^ 
'^f*  ^r        Early  in  the  year  the  Standard  said  that  if  the -k«4ation  of 
\*  Vance  in  the  State  press  should  continue  and  should  be  accom- 
*    panied  by  disparagement  of  Mr.  Holden,  an  appeal  would  be 
made  to  the  President  to  cause  Vance  to  be  again  confined  in 

67  Sentinel,  March  20,   1866. 


V 


RECONSTRUCTION  ife   NORTH   CAROLINA.  1 57 

prison,  and  with  Jefferson  Davis  to  be  tried  for  treason.*^  In 
Msrch-Mr^Holden  said  editorially  that  while  he  had  in  the 
past  favored  universal  amnesty,  he  was  compelled  by  the  course 
of  the  secessionists  to  demand  that  the  law  should  be  allowed 
to  talce  its  course.^^  ^our  days  thereafter  war  was  formally 
declared  upon  his  oppbifents  in  the  following  words :  "We 
know  that  the  true  Unionists  are  depressed  at  the  prospects 
before  them,  and  feel  that  they  have  a  right  to  look  to  Wash-  . 

ington    for   sympathy   and    for    such   practicable   aid   as    will  \/*^^^^ 
enable  them  to  put  the  enemies  of  the  Union  where  they  ought     AMt^ 
to  be — under  their  feet.    And  we  now  give  notice  that  we  have        ^^ 
commenced    this    warfare    on    traitors,    not    without    having  ff^fO 
counted  the  cost,  and  we  intend  to  continue  it  until  they  are 
driven  from  every  office  of  importance  in  the  State.     Nothing 
shall  divert  us  from  our  purpose. 'i^S-^  The  challenge  was  ac- 
cepted, and  the  Sentinel  became  as  violent  as  the  Standard. 
Ihe  course  of  \h£^_^entinel  was  regarded  with_  distaste  and 
apprehension  by  Governor^WorthaTid  li's  friends.     They  be-      f /)f 
lieved  that  but"  for  Mr.  Pell's  violence  Mr.  Holden  would  be    jC/  ^ 
poirtically^ead;^*  but  tlieir  appeals^id  Mr.  J^elT  wefe^wMiOtit        t  .  j 

effect.  '  "         '    "     ^  ''■^^- llr 

^*— ^  When   the   convention   assembled   in   adjourned   session   in     '*     j  , 
y^f^y;   r>ppr>gitinn   h^{\   c^e\^f-\c^■^e('\    to   its   taking   any   action   in  *^ 

f  regard  to  the  State  constitution.  This  opposition  had  a  two- 
^  fold  basis.  A  large  number  of  lawyers  opposed  any  action 
on  the  ground  tliat  the  convention  had  been  called  for  special 
purposes  which  it  had  accomplished  at  its  first  session,  and 
that  it  should  therefore  adjourn  sine  die.  Still  others  desired 
its  dissolution  because  a  large  number  of  its  members  were  ~~ 
adherqitsof  Mr.  Holden.  They  based  their  arguments  upon 
the  same  reasons  as  the  former  class,  but  a  difference  is 
readily  seen.  As  soon  as  the  convention  met  resolutions  for 
adjournment  were  introduced,  declaring  that  it  had  no  author- 

68  standard,  Jan.   17,  1866.  "^o  Ibid,  March  6,  1866. 

6»Ibid,  March  2,   1866.  71  Worth  Letters.     (Unpublished.) 


Meh 


158 


RECONSTRUCTION   IN   NORTH   CAROLINA. 


A 


ity  from  the  people,  and  consequently  that  any  alteration  of 
the  fundamental  law  of  the  State,  further  than  was  required 
by  existing  conditions,  would  be  revolutionary  and  dangerous. 
Without  debate  the  resolutions  were  defeated  by  a  vote  of  6i 
to  30.  Mr.  Phillips  at  once  attempted  to  secure  the  passage 
of  a  resolution  directing  a  committee  to  prepare  an  ordinance 
calling  for  a  convention  of  the  people  to  meet  in  1871  to  amend 
the  constitution  and  providing  for  the  adjournment  of  the 
existing  body.  He  argued  that  as  the  chief  matter  of  discus- 
sion was  the  question  of  a  nf^w  b^«^i<^,,^f, j;fil,^.r^°^ntation,    it 

W^ould  be  better  to  wait  until1:1ie  census  of  1870  was  taU'S'. 
^     HisS^esolution,  however,  was  tabled  and  never   ycled   UpOIf. 

Up  to  this  time  representation  in  the  State  had  been'MSed 
upon  Federal  population.  This  worked  an  injustice  upon  the 
West,  and  had  been  the  cause  of  a  long  contest  previous  to  the 
war.  All  efforts  to  secure  a  change  had  failed  hitherto,  but 
a  new  movement  now  began  and  was  favored  by  the  "straitest 
^ect''  element  a^  it  would  greatly  increase  the  power  of  the 
West  where  their  chief  strength  lay,  and  might  give  the  control 
of  the  legislature  into  their  hands. 

An  attempt  was  made  to  pass  a  resolution  providing  for 
'sending  a  commission  to  Washington  to  confer  with  the 
President  and  members  of  Congress  in  regard  to  what  would 
be  necessary  to  secure  the  restoration  of  the  State  to  her  posi- 
tion in  the  Union.  But  the  resolution  contained  an  indirect 
endorsement  of  the.  Congr-eeekrffaP^^^and"  allthag^';:!!^ 
wording  was"clTanged'Tf  T^  '^^ 

The  convention  remained  in  session  until  late  in  June. 
Most  of  the  time  was  spent  in  reconstructing  the  constitution. 
The  draft  as  proposed  to  the  convention  embodied  most  of  the 
old  document,  with  certain  additions  and  amendments.  Its 
arrangement  was  the  work  of  B.  F.^Moefej-vwho  was  the  most 
experienced  and  learned  lawyer  In  the  body.  Throughout  the 
debates  he  was  its  strongest  defender,  and  to  him  was  largely 
due  its  adoption  by  the  convention.     It  was  provided  that  the 


\-/^f\ 


M 


A 


i  u-^^ 


f\(r\\r 


RECONSTRUCTION   IN   NORTH   CAROUNA^^  1 59 

new  instrument  should  be  submitted  to  the  people  for  ratifi- 
cation/2  The  date  of  the  State  election  was  changed  to  Octo- 
tober  to  allow  the  new  constitution,  if  ratified,  to  go  into 
effect.  This  was  a  shrewd  political  move  by  the  ''straitest 
sect,"  who  thought  that  by  this  they  would  gain  control  of  the 
legislature  on  account  of  the  change  of  the  basis  of  repre- 
sentation. The  influence  of  this  element  was  much  more  ap- 
parent in  the  convention  than  in  the  General  Assembly,  but 
it  was  not  great  enough  to  overcome  the  conservative  forces. 
The  whole  session  was  marked  by  a  series  of  compromises; 
so,  if  the  advantage  remained  with  any  particular  faction,  it 
cannot  be  distinguished.  The  constitution,  as  a  whole,  was 
not  a  matter  on  which  the  two  factions  divided.  On  its- fi^al^^ 
adoption  the.vQtje  was-  63  to  30. 

As  submitted  to  the  people   the  constitution  was   a  more 
compact  instrument  than   the    original,   for    all    the   various 
amendments  made   from  time  to  time  were  incorporated  in 
their  proper  places.     The  only  important  change  in  the  Bill 
of  Rights  was  the  addition  of  clauses  prohibiting  slavery,  pro-    .^ 
hibiting  the  quartering  of  troops  upon  citizens  excegt^un^gf'  \ 
cert^'i  Taws;''ali"a^uvidinft  tha*  UiC'^^ffiThould  always  be    r 
open  to  every  personf^^'-^Tpi»e^^a«&  of  repf^^  for  .the    / 

House=.of  Commons  was  changed  to  white  population.  The  ^ 
office  of  lieutenant  governor  was  established.  No  one  could 
hold  the  office  of  governor  or  of  lieutenant  governor  unless  he 
had  been  a  citizen  of  the  United  States  for  twenty  years,  a 
resident  of  the  State  for  five  years  immediately  preceding  the 
election,  be  thirty  years  of  age  and  possessed  of  land  in  fee  to 
the  value  of  $2,000.  Senators  were  required  to  be  thirty 
years  of  age  and  to  possess  three  hundred  acres  of  land  in 
fee  or  a  freehold  of  not  less  value  than  $1,000."^^  Members 
of  the  House  of  Commons  were  required  to  have  a  freehold  of 

72  Journal,  June  25,  1866. 

73  Formerly  it  was  required  that  a  Senator  should  own  three  hundred 
acres. 


l6o  RECONSTRUCTION   IN   NORTH   CAROLINA. 

one  hundred  acres,  or  to  the  value  of  $300.  Five  years'  resi- 
dence previous  to  election  was  required  for  members  of  both 
(  houses.  None  but  white  persons  were  eligible  as  voters  or 
\office-holders.'^*  All  persons  on  taking  office  were  required  to 
take,  besides  their  official  oath,  one  to  support  the  State  con- 
stitution so  far  as  it  was  not  inconsistent  with  that  of  the 
United  States.  It  provided  that  no  amendment  should  be 
made  to  the  constitution  except  by  a  convention. '^^  Magis- 
trates were  thereafter  to  be  chosen  by  the  people  for  a  term 
of  six  years. 

In  addition  to  being  more  compact,   the  constitution  was 
clearer  and  fuller  than  the  existing  one.     In  fact,  only  one 
great  fault  could  be  found  with  it,  and  that  defect  defeated  it. 
As  soon  as  it  was  submitted  to  the  people  an  exceedingly  able 
discussion  on  the  question  of  ratification  began.    All  the  oppo- 
sition of  importance  vvas  based  on  the  question  of  the  validity 
of  the  action  of  the  convention.      Judge    Ruffin  and    Judge 
/'^^  Manly  were  probably  the most  distinguished  of  its  opponents, 
f     The  former^wa^opposed  to  the  white  basis  of  representation, 
^f    ^  but  his  chief  argument  was  against  the  authority  of  the  con- 

%'^  ^  veirtion.     Me  saTd  that"  Tf  Fad  no  more  authority  in  law  than 

^  any  voluntary  assemblage  of  persons,  and  advised  the  rejection 

w     ,   I     of  the  constitution   on   this   ground  also."^^     This   involved   a 
A    I     doubt  of  the  validity  of  the  convention's  actions  at  its  first 
session,  and  also  raised  a  question  as  to  the  status  of  the  gov- 
\   ^     .    \    ernments  of  the  various  Southern  States.     Thaddeus  Stevens 
'^     \\   later  quoted  him  as  an  authority  on  his  own  position  regarding 
i^f     them.'^^     Judge  Manly  objected  to  the  constitution  itself,  and 

i  \S  74  The  term   "white"   meant  one  having   less   than  one-sixteenth   of 

negro. -blood;  '^ 

75  Before  this  the  constitution  might  be  amended  by  the  concurrent 
votes  of  successive  legislatures,  ratified  by  the  people. 

76  Sentinel,  July  28,  1866. 

77  Mr.  Stevens  said,  "I  quote  Judge  Ruffin,  one  of  the  ablest  and 
fairest  of  secessionists.  The  Chief  Justice  is  right.  Not  a  rebel  State 
has  this  day  a  lawful  government."  Speech  at  Bedford,  Pa.,  Sept.  4, 
1866.     Standard,  Sept.  19,  1866. 

\ 


/i  €AJ 


rb;construction  in  north  carouna.  i6i 

also  claimed  that,  while  the  convention  had  a  valid  existence 
and  authority  for  the  purposes  mentioned  by  the  President  in 
his  proclamation,  it  had  none  for  any  further  action.'^^  Wil- 
liani  A.  Graham  was  also  opposed  to  its  ratification.         \ 

'As  miglll  iJB  imagmed,  R^F^  Monre  was  the  strongest  de- 
fender of  the  constitution  or  rather  of  the  authority  of  the 
convention.  Unfortunately,  his  main  argument,  a  discussion 
of  the  war  power  of  the  President,  and  an  exceedingly  able 
one,  did  not  appear  until  after  the  constitution  had  been  re- 
jected. It  was  written  in  reply  to  the  argument  of  Judge 
Ruffin,  and  while  not  showing,  possibly,  as  great  a  respect 
for  and  knowledge  of  constitutional  law  as  that  of  the  former 
chief  justice,  it  indicated  a  clearer  perception  of  the  changed 
conditions  brought  about  by  the  war.*^®  ^r-prn^r  ^Vqrth  nlgT- 
favored .  ratification.^^^     Mr.  Holden  wag  a   rhnrnpinn   nf  th^ 

constitution  and  said_.tbat  .It.S  Tlfil^tifin,  W<?ttldi.„  k  the  TOXSt ^ 

blow^thar  tTie  President's  policy  had  received.  The  Sentinel 
also  favored  ratificaHoh'r  buTV^^ 

The  vote  on  the  'question  was  taken  on  August  2nd,  and 
resulted  in  the  rejection  of  the  constitution  by  a  majority  of 
1,982  out  of  a  total  vote  of  41,122. 

During  the  period  in  which  occurred  the  events  just  related    . 
there  were  other  matters  of  interest  to  the  State.     In  April  /i    ; 
Mr.  Holden  came  out  in  favor  of  allowing  Congress  to  act/   ^ 
without  opposition.^^     A  little  later  he   declared   that  while  h6    / 
had  favored  the  President's  plan  of  restoration  it  had  be( 
rendered  useless  by  the  traitors  who  had  obtained  office,  ai 
as  it  was  necessary  for  the  State  to  get  back  into  the  Unibn 
and  for  the  control  of  affairs  to  be  restored  to  loyal  men,  he 
would  advocate  the  adoption  of  the  proposed  Fourteenth  pr 
Howard  Amendment  to  the  Constitution  of  the  United  State? 

78  standard,  Aug.  1,  1866.  so  Winston  to  Worth,  Sept.  5, 

79  Ibid.,  Sept.  12,  1866.  si  Standard,  April  25,   1866. 
82  Ibid,  June  6  and  13,  1866. 

11 


1 62  RECONSTRUCTION   IN   NORTH   CAROI.INA. 

About  this  time,  to  the  deHght  of  his  opponents,  Mr.  Holden 
was  nominated  by  the  President  as  minister  to  San  Salvador. 
Iti  is  not  improbable  that  the  nomination  was  made  to  quiet 
him  and  to  get  him  out  of  the  way.  He  went  to  Washington 
to  press  the  matter,  but  was  unable  to  convince  the  Senate  of 
his  suitability  and  t%jtiom;flatiQa,..was^e j  ecU<L.> Jt  was  thought 
at  the  time  that  he  desired  confirmation  only  that  he  might 
decline  the  position,  but  still  be  aided  politically,^!,. „_ 

In  May,  GoygpaQi*,^^  Worth  was  nominated  for  re-election  by  ..^^ 
a  meeting  in  Randolph.^,,£Qunty,  and  a  month  later  he  an-  ( p  J 
nounced  himself  as  a  candidate.  He  was  much  stronger  in  the  '^ 
State  than  he  had  been  at  the  preceding  election,  and  in  con- 
sequence there  was  no  attempt  to  run  Mr.  Holden.  But  if  not  ^ 
a  candidate,  Mr.  Holden  was  at  least  in  entire  control  of  the 
opposition  to  Governor  Worth.  He  settled  upon  General  M. 
W.  Ransom,  of  Northampton,  as  the  most  suitable  person  to 
oppose  Governor  Worth,  and  used  every  effort  to  induce  him 
to  consent  to  become  a  candidate;  but  the  general  declined  on 
V'V  the  ground  that  he  was  opposed  to  any  contest.***  James  M. 
i|i  Ivfiadx,^,nd  General  W.  R.  jQox  were^  then  mentioned  by  the 
^  opposition,  but  meeting  with  no  encouragement,  either  from 
them  or  f;:om  the  people,  the  leaders  dropped  their  names.  It 
then  became  the  idea  of  most  of  the  opposition  to  try  and  elect 
the  lieutenant-governor  and  not  to  attempt  to  elect  the  governor. 
This  ^lan  met  with  favor  among  men  like  John  Pool  and 
Lewi^  Thompson^  ^who  were  pledged  to  supp6ft"  Worth  but 
wei:0_in  sympathy  with  the  radicals. ^^  "The  plan  probably 
failed  to^ineet  witii  the  apprWai  of  Mr.  Holden.  For  the 
nomination  for  lieutenant-governor,  T4;iomas  Settle  was  in- 
formally chosen  by  the  opposition;  while  to"  oppose  him  Mr. 
;^ell,  in  spite  of  the  opposition  of  the  Worth  leaders,  insisted 
Upon  pressing  the  claims  of  Dennis  D.  Ferebee.    The  rejection 


\^ 


I 


83Hedrick  to  Worth,  June  20,   1866. 

84  Standard,  Aug.   1,   1866.     Also  Worth  Letters.      (Unpublished.) 

85  p.  H.  Winston  to  Worth,  Sept.  5,  1866. 


\  '■ 


\J 


1 


RECONSTRUCTION   IN   NORTH   CAROI.INA.       j  1 63 

of  the  constitution  necessitated  a  change  in  these  plins.  JClae 
whit£  basis  of  representation  was  at  once  declared  by  Mr. 
Holden  to  be  the]ssue^gyj},^|ampa^  ^'  I^'^gan,  '  ^5^' 

of  Rutherford,  who  had  been  a  member  of  the  Confederate      ,^ Jk 
Congress,  was  settled  upon  as  a  candidate  for  governor.     P. 
T.  Henry  was  a  second  choice.^^    But  both  were  soon  dropped,      ^^^-^ 
probably  at  their  own  request.     The  position  of  a  candidate 
against  Governor  Worth  at  this  juncture  was  not  one  to  be 
sought  by  anyone  with  political  ambitions. 

During  the  summer  the  friends  of  the  national  administra- 
tion called  a  convention  of  the  supporters  of  the  President  and 
his  policy  to  meet  in  Philadelphia  on  August  14th.     By  this 
means  it  was  hoped  that  a  consolidation  of  the  Administra- 
tion Republicans  and  the  Democrats  might  be  brought  about. 
The  call  met  with  a  hearty  response  in  North  Carolina,  but 
very  little  hope  was  entertained  there  that  good  results  would 
follow  from  it.    However,  a  full  delegation  attenc^^di  ^^^^^p^ijgd  /;;  ,  ^  / 
almost  entirelv  of,  the  adherents  ^>f  Governor  Worth.^^     The  i;.^'  ^ 
moveriteaLwas  styongly  opposed  bylvir.  HoTdeh  who  said  that      \ 
the  dr1rQ3r2'''TfhTr4md  bftcnn  rhn.Tifn  vmuH  not  be  admitted*^* 
The  convention  met  and  issued  a  dignified  and  able  addfess  to 
the  country.     The  opponents  of  the  President's  policy  ridiculed 
the  proceedings  with  considerable  effect,  and  it  is  doubtful  if 
much  good  was  accomplished.     Of  the  North  Carolina  delega- 
tion John  A  .Gilmer  was  one  of  the  vice-presidents  of  the  con- 

8c  P.  H.  Winston  to  Worth,  Sept.  5,  1866. 

ST  R.  C.  Puryear,  George  Davis,  formerly  Attorney-Greneral  of  the 
Confederate  States,  William  A.  Graham  and  Judge  George  Howard 
were  delegates  from  the  State  at  large.  From  the  congressional  dis- 
tricts the  delegations  were  as  follows:  1st,  W.  N.  H.  Smith,  H.  A. 
Gilliam;  2nd,  M.  E.  Manly,  Wm.  A.  Wright;  3d,  Thos.  S.  Ashe,  Arch. 
McLean;  4th,  A.  H.  Arrington,  Vacancy;  5th,  Jno.  A.  Gilmer,  Thos. 
Ruffin,  Jr.;  6th,  Joseph  H.  Wilson,  Nathaniel  Boylen;  7th,  M.  Patton 
and  S.  F.  Patterson. 


\/()fl\ 


164  re;construction  in  north  carowna. 

vention  and  William  A.  Graham  was  on  the  committee  on  reso- 
lutions. 

1^wo_wed[c§Jater  another  convent  on  met  in  the  same  city. 
This  was  called  by  SoutKernHOTiSm^  an  oppor-^ 
tunity  to  explain  their  sentiments  and  position  to  the  country. 
Among  the  signers  of  the  call  were  Daniel  R.  Goodloe  and  By^ 
ron  Laflin,  from  North  Carolina.  The  former  was  about  to  re- 
turn  to  the  State  after  an  absence  of  many  years.  The  latter,  a 
Northern  man,  had  come  with  the  Union  army  and  had  settled 
in  Pitt  county.  He  was  a  native  of  Massachusetts  and  was 
the  first  of  this  class  of  new  residents  to  enter  politics  in 
North  Carolina.  The  delegation  from  North  Carolina  to  the 
convention,  besides  these,  was  composed  of  five  Northern  men 
and  two  natives  of  the  State. ^^  The  personnel  of  the  delega- 
tion is  enough  to  show  that  it  was  in  no  sense  representative 
of  the  State  as  a  whole.  At  the.  same  time  that  this  convention 
met,  delegates  from  most  of  the  Northern  States  met  in  Phila- 
delphia to  receive  the  Southern  delegi-ates,  organizing  them- 
selves into  a  convention  for  the  purpose.  TheJXoyalists"  re- 
mained in  sessjoii  for_fiye  daiys  and  adopted  an  address  de- 
nouncing the President  .and   his   policy   and   demanding  the 

adoption  of  the  proposed  Fourteenth  Amendment  as  an  abso- 
lute necessity  in  the  South.  Of  the  North  Carolina  delegates 
the  most  prominent  were  A.  W.  Tourgee  and  Daniel  R.  Good- 

88  The  delegates  were  A.  W.  Tourgee,  a  native  of  Ohio,  who  had 
come  to  Guilford  County  after  service  in  the  Union  army;  Rev.  Hope 
Bain,  a  Northern  minster,  who  had  settled  in  Goldsboro  before  the 
war;  G.  O.  Glavis,  a  former  Union  chaplain  and  Bureau  agent,  lately 
convicted  of  dishonesty  by  a  military  commission;  Rev.  James  Sin- 
clair, a  native  of  Scotland,  educated  in  Pennsylvania,  who  had  lived 
in  the  State  before  1861,  had  been  a  Confederate  lieutenant-colonel, 
and  after  being  accused  of  treason  had  become  a  Union  chaplain  and 
later  a  Bureau  agent;  H.  K.  Furniss,  a  Northern  man,  of  whom  little 
is  known;  J.  W.  Wynne,  a  native,  and  A.  H.  Jones,  a  native,  who  had 
been  elected  to  Congress  immediately  after  the  war,  but  had  not  been 
admitted. 


01  \  Si^^"""^ 


RECONSTRUCTION   IN   NORTH   CAROUNA.  1 65 

loe.     The  former  took  ,a^  very  prominent  part  in  all  the  pro- 
ceedings of  the  convention  but  particularly  in  the  debate  which 
took  place  on  negro  suffrage.     Mr.    'Tourgee    advocated    it 
-^  strongly  with  the  usual   argument  that  it   was  necessary  to 

f  protect  not  only  the  freedmen,  but  also  all  Union  nien.^^    Mr. 

Goodloe  was  opposed  to  the  convention's  taking  any  definite 

V  ground  on  the  subject. 

h  While  this  convention  was  holding  its  meetings,  Mr.  Holden 
^  iff^  denied  that  there  was  any  difference  between  the  plans  of  the 
President  and  of  Congress.*'®  The  same  day  the  Standard, 
acting  upon  the  suggestion  of  a  mass  meeting  in  New  Bern 
as  expressed  in  its  resolution,  contained  a  call  for  a  "loyal 
Union"  convention  to  meet  in  Raleigh  two  weeks  later.  The 
^r\  New  Bern  meeting  was  presided  over  by  Charles  R.  Thomas, 
i^  but  the  resolutions  were  the  work  of  the  Northern  settlers 
in  the  town.  Resolutions  of  a  similar  nature,  except  that  they 
demanded  negro  suffrage,  had  been  passed  in  August  by  a 
meeting  in  Guilford  which  was  controlled  by  A.  W.  Tourgee 
and  G.  W.  Welker.^i  , 

The   convention   thus   called   met   on    September   20th.      It 
passed  resolutions  favoring  the  proposed  Fourteenth  Amend- 
.  ment  to  the  Constitution  of  the  United  States,  censuring  Gov- 

A     ernor  Worth's  administration,  declaring  that  only  the  unmis- 
.^^        takably  loyal  ought  to  hold  office  in  North  Carolina  and  nomi- 
nating Alfred  Dockery  for  governor.     Mr.  Holden  addressed 
the  body  and  outlined  the  reasons  why  the  conditions  of  Con- 
'W     gress  should  be  accepted.    JHe  still,  however,  declared  against 

>0  ^^  ^^  *   "^o^rgee  said  at  the  same  time  that  he  hacf  "^TeeiTTaliefy  "^^in^ 

1      j  j^     formed  "by  a  Quaker"  that  the  bodies  of  fifteen  negroes  had  been  drag- 

\\f         S^^  ^^^  ^^  ^°®  pond  in  Guilford  County.    He  also  said  that  1,200  Union 

soldiers,  who  had  settled  in  the  State,  had  been  forced  to  sacrifice  their 

property  and  leave  the  State  to  save  their  lives.     Executive  Letters, 

Worth,  Vol.  2,  p.  2. 

90  Standard,  Sept.  5,  1866. 

»i  G.  W.  Welker  was  a  minister  from  Pennsylvania. 


^ 


l66  imCONSTRUCTlON  IN  NORTH  CAROIvINA. 

negro  suffrage.®^  A  regular  organization  was  begun,  and 
here,  for  the  first  time  since  the  war,  there  was  a  definite 
division  into  parties.  The  party  formed  now  was  the  germ  of 
the  Republican  party  in  North  Carolina. 

Mr,J)ockery  declined  to  be  a  candidate,  but  expressed  him- 
self as  favorabte  to  the  Howard  Amendment,  in  preference  to 
risking  the  action  of  the  next  Congress.  He  also  favored 
placing  certain  disabilities  in  the  State  and  the  retirement  of 
those  who  could  not  take  the  "iron-clad"  oath.^^  Mr.  Holden 
fearing  the  consequence  to  his  "organization  if  there  should  be 
no  opposition,  advised  the  people  to  vote  for  Dockery,  regard- 
less of  his  refusal  to  run. 

The  campaign,  if  it  can  be  so  called,  was  devoid  of  interest. 
Governor  Worth  was  re-elected,  receiving  a  majority  of  23,496 
out  of  a  total  vote  of  44,994.  Mr.  Dockery  carried  nine  coun- 
ties— among  them  Randolph,  the  home  of  Governor  Worth. 
Richmond  county,  Mr.  Dockery's  home,  was  carried  by  Gov- 
ernor Worth.,       ■••-••-—=■■-' --™ •""■"■  -  '  "^'"■"^"^'■•-..,„..,.^«,— *> 

Every  effort  was  now  made  by  the  radicals  to  paint  as  dark 
a  picture  as  possible  of  the  condition  of  affairs  in  the  State. 
Petitions  in  great  numbers,  from  various  parts  of  the  State, 
were  sent  to  the  President  asking  that  protection  might  be 
given  the  signers  from  "rebel  persecution."  In  the  case  of  one 
petition,  from  Camden  county,  a  copy  was  sent  to  Governor 
Worth.  The  petitioners  claimed  that  persecution  was  carried 
on  by  means  of  indictments  for  acts  performed  during  the 
war  in  the  aid  of  the  Union  cause.  An  investigation  was  at 
once  made  by  Judge  Brooks,  of  the  Federal  Court,  who  dis- 
covered that  only  two  of  the  fifty-six  named  had  been  indicted, 
and  that  the  offense  in  those  cases  was  retailing  liquor  without 
\  a  license.^*  Several  attempts  had  been  made  to  indict  others 
\     for  acts  committed  during  the  war,  but  no  court  would  recog- 

92  Standard,  Sept.  26,  1866. 

93  Ibid.,  Oct.  3,  1866. 

04  Executive  Letters,  Worth,  Vol.  1,  pp.  108-9. 


^  ^bC^'-^.r^X 


RECONSTRUCTION   IN   NORTH   CAROLINA.  167 

nize  the  matter.  Inthe  West  wRere  there  was  more  ill  feeling 
on  account  of  the^  greater  division  in  sentiment  and  the  fact 
that  the  war  had  been  there,  in  reality,  civil  war.  It  is  not  un- 
likely that  cases  of  persecution  occurred,  but  they  were  pri- 
vate. Careful  investigations  were  made  repeatedly  by  Judge 
Merrimon  and  other  judges  of  the  State  courts  into  the  truth 
of  the  charges  without  their  being  substantiated.  The  fact 
of  the  matter  was  that  every  criminal,  against  whom  the 
State  courts  had  an  indictment,  became  at  once,  in  his  own 
eyes  at  least,  a  Union  patriot,  suffering  for  his  devotion  to  his 
country,  and  this  view  was  taken,  apparently,  by  the  opposition 
party  in  the  State. 

The  General  Assembly,  like  its  predecessor,  was  composed 
largely  of  old  Whigs.  Judge  Mmity-w«»-el€et«4 •  Spea 
the  Senate,,  and.  R»  Y.  McAdcn  Speaker  of  the  House  of  Com-' 
monSi._  Governor  Worth,  in  his  message,  earnestly  urged  the 
rejection  of  the  Fourteenth  Amendment  as  dangerous  and  de- 
grading. He  reviewed  the  condition  of  the  State  and  sug- 
gested much  necessary  legislation. 

Judge  Manly  was  elected  to  the  United  States  Senate  to 
succeed  Tohn  Pool  who,  although  he  had  voted  for  Worth  in 
the  last  election,  was  suspected  of  favoring  the  radical  policy, 
and  had  become  exceedingly  unpopular  since  his  plea,  at  the 
time  he  sought  admission  to  the  United  States  Senate,  that 
during  the  war  he  had  sought  and  obtained  election  as  a 
State  Senator,  only  that  he  might  embarrass  the  Confederate 
government.  Soon  after  his  defeat,  Mr.  Holden  went  on  to 
Washington  to  join  him  there,  declaring,  before  his  departure, 
his  opposition  to  the  proposed  amendment  as  not  sufficiently 
stringent  against  traitors.^^ 

Soon  after  the  legislature  assembled,  a  joint  committee  of 
both  houses  was  constituted  to  report  on  the  proposed  Four- 
teenh  Amendment.  Its  report,  signed  by  twelve  member's,  with 
only  one  member  dissenting,  was  made  within  a   few  days. 

95  standard,  Dec.  5,  1866. 


A 


l68  RECONSTRUCTION   IN   NORTH   CAROLINA. 

The  committee  stated  that  a  number  of  radical  changes  in  the 
fundamental  law  were  proposed  with  no  opportunity  of  ac- 
cepting one  or  more  without  ratifying  all,  and  in  strong  terms 
expressed  their  disapproval  of  such  a  plan  of  amendment, 
which,  they  declared,  was  without  precedent  in  the  history  of 
the  country.  They  opposed  the  amendment,  also  as  submit- 
ted in  an  unconstitutional  manner,  no  representatives  from 
eleven  Southern  States  having  taken  part  in  its  passage,  after 
the  same  States  had  been  recognized  as  parts  of  the  Union; 
by  Congress  in  the  resolutions  of  July,  1861,  declaring  the 
object  of  the  war,  by  acts  apportioning  taxation,  assigning 
to  the  said  State  their  respective  number  of  representatives, 
readjusting  the  Federal  judicial  circuits,  and  accepting  as 
valid  the  assent  of  Virginia  to  the  division  of  the  State ;  by  the 
Judiciary  in  the  hearing  and  decision  of  cases  carried  up  from 
their  courts ;  and  by  the  Executive  in  approval  of  the  acts  of 
Congress  before  mentioned.  The  submission  of  the  amend- 
ment was  also  advanced  as  an  act  of  recognition.  The  com- 
mittee took  the  ground  that  if  the  votes  of  the  Southern  States 
were  necessary  to  a  valid  ratification  of  the  amendment,  they 
were  equally  necessary  on  the  question  of  submitting  it  to  the 
States.  Another  ground  of  disapproval  was  the  fact  that 
the  resolution  containing  the  proposition  to  amend  the  Consti- 
tution had  never  been  submitted  to  the  President  for  his  ap- 
proval. The  committee  disclaimed  any  spirit  of .  „ca£tiousness 
or  the  advocacy  of  merely  sectional  interests,  recognizing,  how- 
ever, that  the  proposed  amendment  was  designed  to  operate 
mainly  upon  the  Southern  States  and  was  proposed  only  for 
that  reason,  but  declared  that  the  cause  of  free  constitutional 
government  was  at  stake,  and  that  too  much  precaution  could 
not  be  used.  The  various  sections  of  the  amendment  were 
then  taken  up  separately. 

The*  main  criticism  of  the  first  section  was  regarding  the 
lack  of  any  definition  of  the  "privileges  and  immunities"  of 


RECONSTRUCTION   IN   NORTH   CAROUNA.  1 69 

citizens  of  the  United  States.  The  committee  declared  that 
the  language  of  the  section  left  the  matter  in  too  great  doubt, 
for  it  might  mean  the  privileges  enjoyed  in  the  past,  or  any 
others  that  the  Federal  Government  might  thereafter  declare 
to  belong  to  citizens.  In  such  a  case,  the  right  of  a  State  to 
regulate  its  internal  affairs  would  be  destroyed. 

In  the  second  section,  the  committee  claimed  that  the  old 
right  of  the  individual  States  to  regulate  the  suffrage  was 
impaired  and  the  whole  matter  left  in  doubt,  with  an  implica- 
tion in  favor  of  the  power  of  the  Federal  Government  in  the 
matter.  The  committee  claimed  that  this  clause,  in  conjunc- 
tion with  the  final  one  giving  Congress  power  to  enforce  the 
article  by  appropriate  legislation,  was  a  dangerous  innovation 
in  that  it  would  authorize  the  Federal  Government  to  "come 
in  as  an  intermeddler  between  a  State  and  the  citizens  of  a 
State  in  almost  all  conceivable  cases,  to  supervise  and  inter- 
fere with  the  ordinary  administration  of  justice  in  the  State 
courts,  and  to  provide  tribunals — as  has  to  some  extent  been 
already  done  in  the  Civil  Rights  Bill — to  which  an  unsuc- 
cessful litigant  or  a  criminal  convicted  in  the  courts  of  the 
State  can  make  complaints  that  justice  and  the  equal  protec- 
tion of  the  laws  have  been  denied  him,  and  however  ground- 
less may  be  his  complaint,  can  obtain  a  rehearing  of  his  case." 
This,  it  was  urged,  was  calculated  to  bring  the  State  courts 
into  contempt  and  ultimately  to  transfer  the  administration  of 
civil  and  criminal  justice  to  the  Federal  courts.  The  same 
section  was  also  opposed  on  account  of  the  imposition  of  a 
penalty  for  any  restriction  of  the  suffrage,  and  the  attempt 
thereby  to  bring  about  universal  suffrage.  The  change  in 
the  basis  of  representation  from  population  to  voters  was  ob- 
jected to  for  its  own  sake  as  inconsistent  with  the  theory  of 
the  political  system  which  had  always  prevailed  in  the  United 
States. 

The  third  section  w;as  opposed  oil,  Recount  of  the  fact  that 


170  REJCONSTRUCTION  IN  NORTH   CAROIylNA. 

it  was  directed  against  the   South,  and  because  thereby  the 
majority    of  the  mature  men    of    the    State,    the    committee 

thought,   would  be   disquahfied   from holding"  Office,   and  the 

whole  State  government  would  be  overthrown.  The  com-" 
mittee  stated  further  as  their  opinion,  that  the  people  of  North 
Carolina  would  prefer  to  commit  their  interests  to  Congress 
as  then  composed,  than  to  intrust  them  to  a  class  of  men,  no 
more  loyal  in  most  instances,  whose  only  hope  of  political  ad- 
vancement lay  in  the  disqualification  of  better  men.  The 
power  of  Congress  to  remove  disabilities  was  declared  to  be 
an  interference  with  the  pardoning  power  of  the  President, 
and  was  also  opposed  as  placing  too  great  a  political  power  in 
the  hands  of  Congress  by  which  it  might  control  elections  in 
the  States  and  even  the  State  governments. 

The  fourth  section  was  declared  useless  on  account  of  the 
intention  of  the  people  to  pay  the  Federal  debt  and  their  de- 
termination that  the  Confederate  debt  should  not  be  paid.  So 
in  regard  to  compensation  for  the  slaves,  the  committee  thought 
it  injustice,  but  declared  that  the  people  of  the  South  had 
never  expected  to  be  paid  for  them. 

The  final  section  was  opposed  as  opening  too  wide  a  door  to 
Congressional  interference,  with  the  consequent  centralization 
of  power  in  the  Federal  Government. 

The  committee  also  asked  what  guarantees  North  Carolina 
had,  in  the  event  that  her  people  should  yield  up  their  honest 
convictions  of  duty  in  the  hope  of  restoration  and  ratify  the 
amendment,  that  such  restoration  would  take  place.  They  ex- 
pressed the  opinion  that  ratification  would  not  have  any  effect 
of  the  kind.  As  to  the  probability  that  more  unwelcome  and 
humiliating  terms  would  be  demanded,  the  committee,  while 
asserting  their  belief  that  such  would  not  be  the  case,  declared, 
nevertheless,  that  if  it  were  to  be  so,  the  State  ought  not  to 
humiliate  itself  in  the  beginning  by  yielding  to  intimidation  and 
ratifying  a  measure  of  which  she  disapproved.     ConsgQ^1^"^^yr 


RECONSTRUCTION   IN   NORTH   CAROI.INA.  I7JI 

^r\\h.  hiiltn^Pfi  dissenting  voice,  the  committee  j:eCQmTTie.nded^.1^^ 
rejection  of  the  amendment.^^ 

'  The  repwt"or*!Ke*T5ffi!!!!lt^^*'^b^  the  objections  which 

had  already  been  raised  in  the  State  and  represented  fairly  the 
opinion  of  a  majority  in  the  State.  ConsequenHy  when  IT 
reached  the  Senate  it  was  adopt'ed  With  .o;:jly  two  dissenting 
XOtes._  When  the  rejecting  resolution  came  upon  its  passage, 
Mr.  C.  L.  Harris,  of  Rutherford  county,  attempted  to  secure 
the  substitutioiToT^X'rafrfyrng  resohitron.  This  was  defeated, 
receiving  only  the  vote  of  Mr.  Harris.  The  resolution  accept- 
ing the  committee's  report  also  received  only  his  negative  vote. 
Six  other  members  had  promised  to  vote  with  him,  but  failed 
him  when  the  time  came.  In  the  House  of  Commons  fifteen 
votes  were  cast  against  adopting  the  report,  but  onfy  ten  "on  the " 

final  passage  of  the  rejecting  resoliitiOft:'- ■"— 

C.  L.  Harris  and  D.  A.  Tenkins.  at  bncr-wettt  to  Washing-     A 
ton  to  join  W._W,,, JHflddea,.^^  in  the  confereng^. 

going  on  there  with  the  radical  leaders.  On  December  13th, 
the  same  day  the  amendment  was  rejected,  Thaddeus  Stevens 
had  introduced  in  the  House  of  Representatives,  at  the  request 
of  tlfe  North  Carolinians,  a  bill  providing  for  the  reconstruc- 
tion of  North  Carolina,  which  had  been  prepared  by  James  F. 
Taylor,  John  Pool,  and  W.  W.  Holden,  and  approved  by  the 
North  Carolina  radicals.^^  This  bill,  after  rehearsing  the 
facts  of  secession,  war,  and  Presidential  reconstruction,  and 
calling  attention  to  the  duty  of  Congress  to  preserve  a  repub- 
lican form  of  government  in  all  the  States,  and  in  the  "dis- 
trict" named,  provided  that,  on  May  20th,  1867,  a  convention 
of  the  loyal  citizens  of  the  "district  formerly  comprising  the 
State  of  North  Carolina"  should  meet  in  Raleigh  and  prepare 

96  J.  M.  Leach,  H.  T.  Clark,  H.  M.  Waugh,  J.  J.  Davis,  Thos.  S. 
Kenan,  J.  H.  P.  Russ,  Arch.  McLean,  Phillip  Hodnett,  J.  M.  Perry, 
J.  Morehead,  Jr.,  D.  A.  Covington,  W»»J^^^^Jonessigned  the  report.  P. 
A^  Wilson  favored  the  ratification  of  the  amen^inaaCr""  ""^  "  ■ 

97'^mManl;  Dieg.'^ -Ig^^""*'-"^^ 


ft 


e  c^P  n 


d^ 


iy2  REICONSTRUCTION  IN  NORTH  CAROI.INA. 

a  constitution  which  should  be  afterwards  submitted  to  Con- 
gress for  approval.     All  male  citizens  of  North  Carolina  who 
could  read  or  write,  or  who  owned  real  estate  to  the  value  of 
$ioo  could  vote.     No  person  who  formerly  had  the  right  to 
f  vote  could  be  disqualified.     No  person  could  have  a  seat  in 
[  the  convention  or  hold  any  office  under  the  new  constitution 
i  rwithout  taking  an  oath  that  at  all  times,  after  March  4th,  1864, 
;  he  would  have  complied  with  the  terms  of  the  President's  proc- 
I  lamation  of  December  8th,   1863,  providing  for  the  restora- 
tion of  the  seceded  States,  had  it  been  possible,  and  that,  after 
that  date  he  was  opposed  to  the  rebellion  and  Confederacy  and 
gave  no  aid  th^ereto,  but  desired  the  success  of  the  Union.     It 
was  placed  within  the  discretion  of  officers  administering  the 
oath  to  refuse  to  do  so,  when  doubt  existed  in  their  minds  as  to 
the  truth  of  the  applicant's  declarations.     The  existing  State 
government  was  to  cease  at  the  pleasure  of  the  convention.  The 
provisions^'o'f  the  act  were  to  be  executed  by  the  officials  of  the 
United  States.     The  bill -wa^-i^"eFre4,au4,30^j;ejgprt^upon  it 
^^^  ^y£LJSS^.--£y^  ^^'   Stevens  later  introduced  the  oath 
as  an  amendment  to  a  general  reconstruction  bill,  previously 
introduced.     In  this  latter  bill  the  oath  was  a  prerequisite  for 
voting.^^     This  met  with  entire  approval  from  Mr.   Holden, 
for  he  had  already  decided  that  the  original  was  too  lenient 
and,  in  fact,  he  recommended  some  such  change  as  was  made.'^^ 
The  House  of  Commons  took  notice  of  the  charges  that 
■yvrere  constantly  made  that  Union  men  were  being  persecuted 
/in  the  courts.     Mr.  Blythe,  a  member,  who  made  the  charge 
on  the  floor  of  the  House,  was  examined  by  a  committee  and 
testified  that  there  was  no  use  of  the  courts  for  persecution.  He 
said  that  by  persecution  was  meant,  abuse  of  those  who  favored 
the  Howard  Amendment  as  being  in  favor  of  negro  suffrage. 
jK       Mr.  Harris,  although  a  member  of  the  Senate,  was  also  exam- 
\  jc^ed  and  gave  similar  evidence.  The  committee's  report,  that 

08  Globe,  2nd  sess.  39th  Cong.,  p.  250. 
»» Standard,  Dec.  25,   1866. 


\a/V^ 


REICONSTRUCTION  IN   NORTH   CAROLINA.  1 73 

justice  was  administered  in  the  courts  of  the  State,  was  unani-      ^1 
mously  adopted.^^**     Mr.  Holden  tried  to  create  the  impres- 
sion  that   the   legislature  was   taking  testimony   in   order   to 
begin  prosecutions  for  treason  against  the  State.^"^     Mr.  Har-  ^ 
ris  proved  _that  tjiis  was jncorrect^  but  it  furnished  matenaTTor 
numerous  appeals  to  Congress  to  rescue  the  Union  men  oL,^5— 
the  State  from  "rebel  persecution  for  their  unswerving  loy- 
alty J.L--T-hat  the  majority  in  both  houses  of  the  legislature   ^ 
would  have  favored,  if  practicable,  the  punishment  of  those 
who  were  attempting  to  overthrow  the  existing  State  govern- 
ment, is  undoubted,  and  it  was  frankly  acknowledged  on  the 
floor  of  the  House  of  Commons.^®-     To  put  a  stop  to  the  com- 
plaints of  persecution  in  the  courts  and  to  go  on  record  against 
anything  of  the  kind,  an  amnesty  act  was  passed,  applying  to 
both  Federal  and  Confederate  soldiers.     This  act  was   soon 
put  into  effect.^*^^  .  ^ 

K  commission  at  JWashington  was  smtho^rized  _jEQjc..JtJie«.PM^ 
pose  of  looking  after  State  claims,  or  anything  that  might 
seem  necessary  to  the  novernorT  Accordingly  Governor 
Worth  appointed  as  the  commission  Nathaniel^  Bayilen,-  Bed- 
lor^^rown,  P.  H.  Winston,  J.  M.  Leach,  A.  S.  Merrimon, 
and  Lewis  Hanes.  John  A.  Gilmer,  Thomas  Ruffin,"aird  D.  L. 
Swain  were  also  offered  appointments,  but  declined.  The  com- 
mission went  to  Washington  and,  for  part  of  the  time,  in  com- 
pany with  Governor  Worth,  investigated  the  condition  of  af- 
fairs. At  first  hopeful,  they  finally  saw  what  would  be  the 
end  of  the  struggle  with  Congress,  and,  after  conferring  with 
Governor  Orr,  of  South  Carolina,  ex-Governor  Parsons,  of 
Alabama,  Governor  Marvin,  of  Florida,  Judge  J.  T.  James,  of 
Arkansas,  and  some  of  the  members  of  Congress,  suggested 
a  plan  of  compromise.     This  was  an  amendment  to  the  Con- 

100  Journal,  p.  215. 

101  Standard,  Dec.  19,  1866. 

102  Journal  and  debates,  Dec.  18,  1866. 

103  State  V.  Blalock,  61  N.  C,  242. 


X 


174 


REJCONSTRUCTION  IN   NORTH   CAROUNA. 


stitution  of  the  United  States,  designed  to  replace  the  Howard 
Amendment.  It  added..a  section  declaring  the  Union  perpetual, 
dropped  the  section  imposing  disabilities,  and,  while  retaining 
!!t  ^'  the  conn€cQE?n:-oi- apportionment  of  representation  and  suf- 
frage, limited  the  power  of  the  States  to  impose  property  and 
intelligence"  t^AiaJifications.  A  part  of  the  compromise  plan 
was  an  amendment  FcTthe  State  Constitution.  This  extended 
the  franchise  in  accordance  with  the  other  amendment. 

The   scheme  was   received   with   no  enthusiasm   and,   after 
being  introduced  in  the  legislature  as  a  substitute  for  a  reso- 
lution proposing  a  national   convention,   was   withdrawn.     It 
would,  however,  have  been  passed,  in  all  probability,  but  for 
the  feeling  that  further  humiliation   would  be  required  and 
that  it  was  useless  to  attempt  to  do  anything  but  save  self 
respect.^^*     A   bill    calling   a    convention   of    the   people   was 
then  passed,  but  without  the  required  majority.^^^     The  reso- 
lution proposing  a  national  convention  also  passed  both  houses, 
only  the  extreme  radicals  voting  against  it.     The  proceedings 
of  the  session  were  marked  by  extreme  bitterness,  the  debates 
being  stormy,  with  evidence  of  the  most  intense  party  feeling. 
The  radical  element,  while  in  a  minority,  were  strong  enough 
to  giye  trouble  to  the  conservatives.     But  all  their  efforts  to 
produce  any  "aCton  a;pproving  the  plans  of  Congress  failed. 
/    In  the  meantime,   the   various   changes   in  position   of  the 
/"straitest  sect"  or  "Loyal  Union"  party,  as  they  now  called 
/  themselves,  had  finally  brought  them  all  to  the  extreme  posi- 
1   tion  of  the  Northern  radicals.     On  December  26th.  1866,  Mr. 
JBw    Holden   wrote   the   Albany   Evening  Journal,   taking   strong 
xJ'  ground   for  negro  suffrage  and   saying,   in  conclusion,   "The 
1    rebel  leaders,  who  are  controlling  these  States,  are  totally  re- 
\  gardless  of  political  duty,  and  totally  bent  on  mischief.     You 
\must  govern  them,  or  they  will  at  last  again  govern  you."^*^* 

\  104  Governor  Worth  to  Governor  Orr,  Feb.  27,  1867. 
*05  Journal,  pp.  387-03:  March  1,  1867. 
108  Quoted  in  the  Wilmington  Journal,  Jan.  7,   1867.^ 


4^X 


RECONSTRUCTION   IN   NORTH   CAROLINA. 


175 


And  ofr  Jaiiuary  ist,  1867,  at  a  meeting  of  the  negroes  iatiie 
African  church  in  Raleigh,  he  declared  himself  in  favor  of 
unqualified  negro  ..suiJmge,  and  introduced  a  res3uHoja  re- 
questliiji!;-  Congress  to  reorg;anize  the  State  q-overnment  on  the 
basis^of^loyal  wHte  and  Slack  "suffrage  / '  ^^'  For  the  future, 
or  as  long  as"he  wasin  political  life/^^  he  promoted  negro 
suffrage  as  violently  as,  in  the  past,  he  had  opposed  it.  He 
at  once  commenced  the  preparation  of  petitions  to  Congress 
praying  that  negro  suffrage  might  be  established,  and  circu- 
lated them  among  both  black  and  white. 

Beginning  now,  with  the  new  year,  there  followed  a  cam- 
paign based,  as  similar  ones  before,  on  the  supposed  alarming 
conditions  in  the  State.  The  life  and  property  of  all  Union 
men  were  declared  to  be  in  extreme  danger,  unless  Congress 
should  interfere  at  once  in  their  behalf.  Those  conducting  the 
campaign  hinted  at  severe  measures  and  Mr.  Holden  said  that 
he  regretted  that  the  property  of  about  five  hundred  persons 
in  each  State  had  not  been  confiscated,  and  that  eight  or  ten 
of  the  lenders  in  each  State  had  not  been  executed. ^^^  Later 
he  said  that  confiscation  was  a  possibility,  and  ev^^n  a  proba- 
bility. Already  many  of  his  followers  were  demanding  it  in 
the  hope  that  they  would  profit  thereby.^^^ 

The  whole  State  was  excited  and  uneasy.  Doubt  as  to  the 
outcome  of  the  struggle  between  the  President  and  Congress 
had  almost  entirely  disappeared,  and  the  only  question  was, 
how  far  Congress  would  go  in  the  destruction  of  the  institu- 
tions of  the  Southern  States.  In  thgj^vestern  part  of  the  State, 
^A^^-J<8iafts  was  leading  in  an  ^Ifort  to  secure  from  Congress 
LW"  (iTvibion  of  the  Stafe,sor" that- the ''Wl1mr-men--^--the  west 


107  Sentinel,  Jan.  3,  1867.     Standard,  Jan.  9,  1867. 

108  In  later  years  he  changed  his  opinion  again. 

109  Standard,  Jan.  9,  1867. 

110  Ibid.,  Jan.  16,  1867.  The  previous  autumn  Mr.  Holden  said 
confiscation  would  be  the  result  of  a  failure  to  ratify  the  Fourteenth 
Amendment. 


I^Hj^r, 


e5- 


176  REICONSTRUCTION  IN   NORTH   CAROLINA. 

could  protect  themselves  from  the  "rebels"  of  the  east.     In 
th  s  '^  1  and  excitement,  the  news  came  of  the  passage  of 

the  Reconstruction  Act  and  the  establishment  of  the  military 
ygove^ -r  ent. 

4.     Economic  and  Financial  Problems. 

Before  taking  up  the  consequences  of  these  extreme  meas- 
ures, it  is  important  to  trace  the  general  course  of  economic 
and  social  transformation  during  the  period  of  the  Presidential 
regime.  * 

S^creta^y  Seward,  in  his  letter  notifying  Governor  Holden 
of  his  appointment,  stated  that  his  salary  and  the  other  ex- 
penFos  of  the  provisional  government  would  be  paid  out  of  the 
contingent  fund  of  the  War  Department.  This  was  due  to 
the  fact  that  the  provisional  government  was  dependent  on 
the  nilitary  power  of  the  President.  It  .^was_  well  for  the 
State  that  it  was  so,  for  financial  conditions  were  deploraJDle 
and  the  people  were  at  the^time.  unable  to  bear  a.  tax  that 
would  pay  the  running  expenses  of  the  State  government.  The 
expenses  of  the  convention  were,  of  course,  met  by  the  State. 
Immediately  before  the  close  of  hostilities  the  State  owned  a 
very  large  quantity  of  cotton  and  rosin.  Secretary  Seward, 
on  July  8th,  informed  Governor  Holden  that  the  State  could 
take  possession  of  this  property  and  use  it  for  the  necessary 
expenses  of  government.  But  a  large  part  of  it  had  been 
taken  by  the  troops  after  the  close  of  hostilities  and  turned 
over  to  the  agent  of  the  Treasury,  and  Secretary  McCulloch 
had  directed  that  it  should  be  shipped  North.  But  after  he 
had  been  informed  of  the  financial  conditi6n  of  the  State,  he 
consented  that  the  ''ungathered  debris"  might  be  collected  and 
used  by  the  State,  and  he  accordingly  directed  his  agents  not 
to  be  too  inquisitorial  in  their  work.^^^ 

Ill  House   Reports,    1st   sess.   40th   Cong.     McCulloch's  testimony  in 
impeachment  investigation. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  1 77 

Mr.  Worth  took  charge  of  its  collection  and  found  a  con- 
siderable amount.  The  rosin  was  particularly  valuable,  for  it 
was  still  in  beds  and  untouched.  Comparatively  little  cotton 
was  secured,  for  most  of  what  was  left  by  the  government 
agents  was  stolen  by  individuals  in  the  State  or  from  the 
North.  Redress  was  impossible  for  lack  of  testimony  against 
the  persons  suspected.  The  records  of  collection  have  been 
lost,  but  the  sale  of  the  rosin  and  cotton  so  gathered  brought 
about  $150,000.  Of  this  amount,  after  the  expenses  of  the 
convention  and  many  other  demands  upon  the  State  had  been 
paid,  there  remained  $40,000. 

Even  after  collection,  losses  were  frequent.  An  agent  was 
sent  to  Georgia  to  collect  State  cotton,  and  at  great  expense 
got  together  seventy  bales.  It  was  hauled  to  the  depot  and 
while  awaiting  shipment,  it  was  seized  by  a  Treasury  agent, 
and  the  Department  declined  to  return  it.  Elsewhere  in  Georgia 
421  bales  were  seized  by  the  government  with  the  same  re- 
sult.^^^  And  when  property  was  safely  in  the  possession  of 
the  State,  a  close  watch  was  necessary.  Soon  after  Governor 
Worth  went  into  office,  he  discovered  that  Dr.  Sloan,  who 
had  succeeded  him  as  Provisional  Treasurer,  had  instructed  the 
firm  of  Swepson,  Mendenhall  &  Co.,  of  New  York,  who  were 
selling  the  State  cotton,  to  sell  all  on  hand  to  A.  J.  Jones,  a 
member  of  the  State  Senate,  for  33  cents  per  pound.  The 
market  price  on  the  day  the  instructions  were  given  was  47  1-2 
cents.  No  money  passed  at  the  transaction,  for  the  cotton  was 
at  once  sold  at  the  market  price  and  the  net  amount  of  $2,224,44 
paid  to  Jones.  Governor  Worth  investigated  the  matter  at 
once  and  Jones  refunded  the  amount,  declaring  that  he  had 
decided  to  do  so  before  the  investigation  was  commenced.^^^ 

112  The  United  States  later  refunded  the  price  of  these  two  lots 
amounting  to  nearly  $50,000.  House  Reports  No.  7,  45th  Cong.,  3rd 
session. 

113  Legislative  Docs.  1865-66,  No.  13. 

12 


178  RECONSTRUCTION  IN  NORTH  CAROUNA. 

The  State  also  owned  property  of  considerable  value  in  Eng- 
land, but  from  various  causes,  including  fraud,  nothing  was 
ever  realized  from  it. 

Evei^.l]fll]lc  injtiie--Stat€y--^tei=  the  repudiation  of  the  war 
debt,  was  forced  into  liquidation.  The  Bank  of  North  Caro- 
lina, the  most  important  in  the  State,  compromised  with  its 
creditors  at  about  36  per  cent.  The  Bank  of  Cape  Fear  paid 
only  25  per  cent.  Later  some  of  the  creditors  who  had  refused 
to  compromise  recovered  the  full  value  of  their  notes.  All 
the  banks  were  in  better  condition  than  might  have  been  ex- 
pected. But  the  tax  on  notes  prevented  any  attempt  at  reor- 
ganization being  made.  Owing  to  the  lack  of  capital,  new 
banks  came  very  slowly.  Three  national  banks  at  Charlotte, 
Raleigh,  and  Fayetteville  were  established  during  the  period  of 
Presidential  reconstruction. 

All  these  things  had  their  effect  upon  the  condition  of  the 
people  at  large.  This  was  already  serious  enough.  The 
country,  wherever  it  had  been  touched  by  the  invading  armies, 
was  stripped  of  everything  of  value  that  could  be  carried 
away  and  had  attracted  the  notice  of  the  soldiers.  This  was 
particularly  the  case  along  the  line  of  Sherman's  march. 
Horses  and  cattle  had  been  taken  away  and  some  killed  from 
pure  wantonness. ^^*  A  considerable  shrinkage  is  noticeable  in 
the  number  in  the  State  as  compared  with  i860.  The  follow- 
ing table  gives  the  figures  :^^^ 

i860.  1866.  1868. 

No.   of   horses 150,661  99,43^  98,441 

No.  of  mules   51,388  32,560  32,885 

No.  of  milch  cattle 228,623  203,555  203,555 

No.  of  oxen,  etc 465,187  292,921  287,062 

No.  of  sheep   546,749  339.259  325.684 

No.  of  swine 883,214         1,160,816  975.o85 

Value  live  stock $31,130,805     $22,946,758     $20,052,456 

114  Last  Ninety  Days  of  the  War,  p.  43. 

115  These  estimates  are  gathered  from  the  reports  of  the  Department 
of  Agriculture. 


RECONSTRUCTION  IN   NORTH   CAROLINA.  1 79 

The  decrease  in  numbers  and  value  shown  in  1868,  when  the 
repeat  was  more  accurate,  forces  the  conclusion  that  the  figures 
for  1866  were  the  result  of  an  over-estimate. 

The  troops  in  their  march  through  the  State  left  worn-out 
horses  and  took  good  ones  wherever  found.  The  worn-out 
stock  had  scarcely  become  of  value  to  those  holding  it,  when 
orders  were  issued  by  the  Quartermaster  General  for  its  col- 
lection and  sale.^^^  Numerous  protests  were  at  once  made. 
In  December,  1865,  Secretary  McCulloch  had  ordered  that 
such  horses  and  mules  should  not  be  taken,  but  this  latter  order 
superseded  that,  and  all  horses  that  were  branded  with  either 
the  United  States  or  Confederate  marks  were  seized.  The 
best  terms  obtainable  were  that  wherever  possible  they  should 
be  sold  in  the  counties  where  they  were  seized.  Great  hardship 
was  produced  by  this  seizure  of  stock,  particularly  as,  at  the 
time,  the  direct  tax  of  186 1  was  being  collected,  and  the  people 
had  been  drained  of  all  ready  money.  The  total  amount  of  the 
tax  collected  before  July,  1866,  when  an  act  was  passed  sus- 
pending further  collection  for  two  years,  was  $394,847.63.  The 
quota  of  the  State  was  $576,194.66."'^ 

Crops  in  large  areas  had  been  destroyed  by  the  horses  which 
had  been  turned  out  to  rest  and  fatten.  Fences  were  gone  and 
often  stables  and  other  farm  buildings,  and  even,  in  some 
cases,  the  dwellings,  were  destroyed.  The  latter,  however, 
was  the  exception.  Vehicles  of  every  description  had  almost 
disappeared.  The  path  of  the  main  army  was  comparatively 
limited,  but  foraging  parties,  during  and  immediately  after 
the  war,  penetrated  to  almost  every  portion  of  the  State.  The 
Treasury  agents  followed,  and  by  June,  1865,  had  collected 
abandoned  or  captured  private  property  which  sold  for  nearly 
$80,000.  During  the  remainder  of  the  year  $14,000  was 
added."« 

118  Executive  Letters,  Worth,  Vol.  1,  p.  11. 

117  Report  of  the  Secretary  of  the  Treasury,  1866,  p.  62. 

118  Ibid,  1865.  By  January,  1865,  property,  excluding  cotton,  worth 
$201,164.42  had  been  seized. 


1 80 


RECONSTRUCTION  IN   NORTH   CAROI.INA. 


1 


To  alleviate  the  distress  which  followed  inevitably  from  the 
conditions  outlined,  a  great  deal  was  done  by  the  Federal  army 
and  the  Freedmen's  Bureau.  Rations  were  issued  to  the  white 
people  as  well  as  to  the  negroes,  and  in  this  way  many  families 
were  literally  kept  from  starvation.  Large  sums  of  money 
were  received  from  the  North  in  1866  and  1867,  and  grain  and 
provisions  as  well.  Fortunately  the  crops  in  1865,  which  had 
been  planted  before  the  end  of  the  war,  were  unusually  good. 
The  fruit  crop,  particularly,  was  immense.  The  crops  of  the 
next  two  years  were  poor.  In  fact,  in  1867,  the  cotton  crop 
was  a  complete  failure  and  the  food  crops  much  smaller  than 
in  the  preceding  year.  The  estimated  value  of  the  corn, 
wheat,  rye,  oats,  barley,  buckwheat,  potatoes,  tobacco  and  hay 
in  the  State  in  1866  was  $45,551,450.  The  next  year  it  was 
$38,332,716. 

The  large  loss  in  the  male  population  consequent  upon  the 
war  and  the  great  number  of  disabled,  naturally  accounted  for 
a  falling  off  in  production.  But  when,  in  addition,  it  is  con- 
sidered that  the  status  of  the  chief  laboring  class  had  been  en- 
tirely changed  and  that  the  majority  of  that  class  were  making 
their  freedom  evident  to  themselves  by  abstaining  as  much  as 
possible  from  labor,  it  is  not  wonderful  that,  apart  from  bad 
easons,  the  crops  should  have  been  poor.  The  whole  matter 
of  labor  was  very  much  unsettled  from  the  nature  of  the 
great  changes  that  had  taken  place,  and  the  disturbance  was 
increased  by  the  constant  interference  of  the  Freedmen's 
Bureau  in  the  contracts  and  arrangements  made,  as  well  as 
by  its  general  influence  in  creating  the  dissatisfaction  among  the 
negroes. 

The  actual  conditions  regarding  labor  are  very  difficult  to 
ascertain,  owing  to  the  chaotic  situation  in  the  State.  In  1865 
it  was  difficult  in  North  Carolina,  and  indeed  all  over  the 
South,  to  obtain  laborers,  on  account  of  the  belief  held  by  the 
negroes  that  land  would  be  given  them  by  the  United  States 


RECONSTRUCTION  IN  NORTH  CAROLINA.         l8l 

Government.^^^  However,  when  Christmas  passed  and  the 
new  year  began  without  any  gifts,  this  beUef  was  largely  aban- 
doned and  necessity  compelled  those  who  were  waiting  for 
''forty  acres  and  a  mule"  to  find  employment.^^^  The  con- 
tracts made  in  1865  were  very  vague,  but  the  disposition  of  the 
land  owners  to  treat  their  employees  fairly  led  to  a  gradual 
increase  in  the  number  made.  But  long-time  contracts  were 
unpopular  on  account  of  the  suspicion  the  negroes  felt  at  their 
condition  and,  in  many  instances,  distrust  of  their  former 
owners.  Indeed,  in  very  many  cases,  the  negroes  left  their  old 
masters  and  hired  themselves  to  others,  at  times  on  planta- 
tions immediately  adjoining.  This  was  in  part  due  to  a  desire 
to  have  some  visible  evidence  of  freedom. 

The  contract  system,  in  general,  worked  badly  on  account 
the  tendency  of  the  negroes  to  stop  work,  often  when  they 
were  most  needed.  Many  farmers  found  it  more  profitable  to 
hire  only  for  a  short  period  and  pay  wages.  The  average 
rate  was  about  $10  per  month  for  men  and  $6  for  women.  The 
tendency  of  wages  during  the  period  was  downward,  and  in 
1867  the  average  was  lower.^^^  The  majority  of  the  people, 
however,  had  no  ready  money  to  pay  wages  and  the  system  of 
working  "on  shares,"  in  spite  of  its  many  disadvantages,  of 
necessity,  resulted.  The  usual  plan  was  for  the  farmer  to  fur- 
nish the  stock,  feed  and  implements  and  the  tenant  to  furnish 
the  labor.  The  crop  was  divided  between  them,  the  propor- 
tion each  received  varying  according  to  the  nature  of  the  crop 
and  the  section  of  the  State.  The  share  the  tenant  received 
varied  from  one-fourth  to  one-half.  As  examples  of  the 
working  of  the  system,  the  following  seem  fair: 

119  General  Grant  thought  this  belief  had  been  started  by  the  Bureau 
agents.     See  his  report  to  the  President  in  1865. 

120  Report  of  Asst.  Commissioner,  Sen.  Ex.  Docs.  No.  27,  p.  17,   1st 
sess.  39th  Cong. 

121  Report  Dept.   of   Agriculture    1867.     Report   Freedmen's   Bureau 
1866.     Sen.  Ex.  Docs.  No.  6,  p.  104,  2nd  sess.  39th  Cong. 


oft 
ey/f 


l82  RECONSTRUCTION  IN   NORTH   CAROLINA. 

Q\^  In  Stanl;!^ county  a  farmer  in  i860  had  kept  six  male  hands, 
two  women  an3*several  children  on  a  plantation  of  160  acres. 
With  the  help  of  six  horses,  he  made  an  average  crop  of 
twenty  bales  of  cotton,  150  barrels  of  corn,  50  bushels  of  rye, 
besides  roots,  hay,  and  garden  vegetables.  In  1866  he  divided 
his  farm  into  three  lots,  the  land  being  of  the  same  quality  in 
each.  The  first  he  put  in  charge  of  the  most  intelligent  of  his 
former  slaves  with  his  wife  and  four  children,  old  enough  to 
work.  The  owner  supplied  two  mules,  feed,  and  all  the  tools 
required.  Apart  from  the  expenses  of  his  family,  there  was 
no  charge  on  the  tenant.  The  second  lot  was  given  to  two 
good  married  hands  and  supplied  as  the  first.  The  third  was 
given  to  the  son  of  the  owner,  who  hired  a  colored  man  for  a 
share  of  the  crop.  The  rent  in  each  case  was  one-half  the 
crop.  Each  tenant  was  left  to  his  own  judgment  in  the  choice 
of  the  crop  to  be  planted.  The  result  was  that  the  crops  pro- 
duced by  the  freedmen  were  small,  less  than  40  barrels  of  corn, 
60  bushels  of  wheat,  100  bushels  of  oats  and  four  bales  of  cot- 
ton between  them.  They  had  gone  so  far  into  debt  for  pro- 
visions that  only  a  little  corn  and  wheat  was  left  as  their  share, 
with  no  money  to  begin  another  crop.  The  owner's  son  made 
as  much  as  both  the  freedmen  together  and  his  crop  was  re- 
garded as  below  the  average.  But  another  side  is  seen  in 
another  case  in  the  same  county.  Two  families  of  colored 
people,  composed  of  six  men,  two  women,  and  four  children, 
undertook  to  plant  a  farm  of  125  acres.  In  spite  of  the  bad 
season,  they  raised  100  barrels  of  corn,  200  bushels  of  wheat, 
100  bushels  of  oats,  25  bushels  of  peas,  75  bushels  of  pota- 
toes, and  about  4,000  pounds  of  ginned  cotton.  The  value  of 
Xhe  crop  was  $1,800,  and  they  received  a  half.^^^  It  is  safe  to 
say,  however,  that  the  efforts  of  the  freedimen,  unless  under 
white  direction,  for  the  most  part  resulted  in  failure  and  disas- 
ter.    In  consequence  of  the  war  and  these  conditions,  real  es- 

122  Report  of  Dept.  of  Agricidture  1867. 


\0l^ 


RECONSTRUCTION  IN  NORTH   CAROUNA.  1 83 

tate  between   i860  and   1867  had  decreased  in  value  nearly 
fifty  per  cent/^^ 

Just  as  the  repudiation  of  the  war  debt  wrecked  the  banks, 
it  destroyed  niany^ivate  fortunes  and  reduced  thousands  from 
rcMrt^icLtt  ^  PYtrf^nie  poverty.  Business  was  at  a  standstill  'for 
lack  of  money  and  the  people  were  utterly  unable  to  meet  their 
obligations.  A  complicated  "stay  law"  was  passed  by  the  con- 
vention of  1865.^^*  This  did  not  go  far  enough,  and  the  legis- 
lature passed  another,  which  was  declared  unconstitutional  by 
the  courts. ^^^  As  regards  the  debts  due  by  individuals  to 
creditors  in  the  North,  some  had  been  collected  under  the  Con- 
federate sequestration  act.  When  the  creditors  entered  their 
claims,  the  deBTors  pleaded  their  forced  payment  to  the  Con- 
federacy as  a  release.  The  question  was  argued  before  the 
United  States  Circuit  Court  in  session  at  Raleigh  and  Chief 
Justice  Chase  held  that  the  payment  was  no  discharge  of  the 
debt.^^^  War  contracts  also  caused  dispute,  but  the  Supreme 
Court  of  the  State  held  that  they  were  valid.^^^ 

To  promote  a  general  economic  improvement,  efforts  were 
made  to  induce  immigration  from  the  Northern   States.     In  \  ^^ 
the  fall  of   1865  hostile  feeling  was  fast  dying  out  and  the —     \^V 

people    seemed    genuinely    anxious    for    Northern    people   to   ^ -    \ 

come  into  the  State.     But  when  it  looked  most  favorable  for  -"^ 

an  influx  of  new  population,  the  campaign  of  misrepresentation 
for  political  purposes  began  and  deterred  many  from  coming. 
-Probably  the  great  cause  of  their  failure  to  come  was  the*" 
<^  presence  of  the  negro.  The  experience  of  those  who  did  come 
'was  not  such  as  to  strengthen  them  in  the  belief  that  they 
could  profitably  engage  in  agriculture  with  the  existing  condi- 

123  Report  Dept.  of  Agriculture,  1867. 

124  Ordinances  1866,  p.  31. 

125  This  was  a  decision  in  the  Superior  Court.     It  never  reached  the 
Supreme  Court. 

i2«  Shortridge  v.  Macon,  1  Abbot  U.  S.,  58. 
127  Phillips  V.  Hooker,  62  N.  C,  193. 


^y^ 


\r 


184  re;construction  in  north  Carolina. 

tions  of  labor.  Whatever  was  the  cause,  too  few  came  to  have 
any  appreciable  effect  as  agents  in  the  economic  rehabilitation 
of  the  State.  Few  as  they  were,  however,  their  political  in- 
fluence, in  the  period  which  followed,  was  great  enough  to  de- 
lay improvement  for  many  years. 

5.     Transportation  and   the  Mails. 

At  the  beginning  of  the  war  there  were  about  890  miles  of 
railroad  in  the  State.  During  the  war  the  construction  of  a 
military  road  from  Greensboro  to  Danville  added  about  50 
miles  to  this.  The  most  important  of  the  systems  in  opera- 
tion were  the  North  Carolina,  Raleigh  and  Gaston,  the  Atlan- 

I  tic  and  North  Carolina,  and  the  Wilmington  and  Weldon. 
The  State  owned  a  large  interest  in  each  of  the  three  first  men- 
tioned. All  these  roads  were  seized  by  the  United  States  army 
and  used  as  military  lines.  Largely  to  this  is  due  the  fact 
that  the  roads  were  in  condition  for  immediate  operation  at 
the  close  of  hostilities ;  for  during  this  period  of  military  occu- 
pation, an  extensive  work  of  repair  and  improvement  was 
kept  up  on  all  the  roads.     They  were  all  under  the  control  of 

•  the  Department  of  Military  Railroads,  which  had  been  created 
for  the  management  and  operation  of  the  captured  roads  in  the 
South.  Some  idea  of  what  was  done  in  North  Carolina  can 
be  gathered  from  the  following  tables:^-® 

Name.  From 

Atlantic  and  North  Carolina,  Morehead  City 
Wilmington  and  Weldon,        Wilmington 
North  Carolina,  Goldsboro 

Raleigh  and  Gaston,  Raleigh 

Total,  292. 

128  Off.  Rec.  No.  126,  p.  968. 

129  The  road  from  Raleigh  to  Hillsboro,  forty  miles  in  length,  was 
restored  at  once,  leaving  forty-nine  miles  under  military  control,  the 
portion  from  Hillsboro  to  Charlotte  never  having  been  seized. 


Length 

To 

in  Mile's. 

Goldsboro, 

95. 

Goldsboro, 

85. 

Hillsboro,  '^ 

89. 

Cedar  Creek, 

25. 

RECONSTRUCTION   IN   NORTH   CAROLINA.  185 


Cost  of  bridges. 

Track  Laid. 

Br'dg's  Built. 

track  and  main- 

Name. 

Miles. 

Lineal  Feet. 

tenance  of  way. 

Atlantic  and  North  Carolina, 

22.46 

1288 

$597,04L30 

Wilmington  and  Weldon, 

.46 

879 

110,243.05 

North  Carolina, 

7.62 

564 

243,  266.  36 

Kaleigh  and  Gaston, 

.15 

532 
3263 

13,  565.  32 

Total, 

30.69 

$964, 116. 03 

Other  expenses  for  labor,  rolling  stock,  and  the  like,  brought 
the  amount  expended  during  the  period  to  $2,596,660.05,  a 
small  amount  compared  to  that  spent  in  some  of  the  other  mili- 
tary departments. 

In  spite  of  this  the  condition  of  the  roads  was  not  good, 
for  the  rebttilf^rt%^-tftd^ -track  were  only  temporary/The 
North  Carolina  road  had  well  equipped  shops  and  waT'protR 
ably  in  Jiettfir  -condition  than  any  of  the  others.  It  -sti#ered- 
less  damage  from  the  two  armies  and  also  received  less  in 
the  way  of  repairs.  The  road  ran  from  Goldsboro  to  Char- 
lotte, a  distance  of  228  miles.  At  the  close  of  the  war  it  had 
twenty-one  engines,  all  in  good  condition,  and  had  lost  only 
one  since  i860,  but  the  rest  of  its  rolling  stock  had  become 
scanty  in  amount  and  poor  in  condition.  Four  engines  had 
been  bought  from  the  Confederate  government,  but  the  Balti- 
more and  Ohio  road  claimed  them  and  the  engines  were  de- 
livered to  it  by  the  United  States.  The  road-bed  was  in  fair 
condition,  but  seven  bridges  had  been  lost  by  fire  in  1865,  two 
having  been  burned  by  incendiaries,  three  by  the  Confederate 
and  two  by  the  Federal  army.  The  warehouses,  tanks,  and 
stations  at  Salisbury  and  High  Point  were  burnt  bv  Stoneman, 
the  station  and  warehouses  at  Raleigh  by  retreating  Confed- 
erate soldiers  the  day  Sherman  occupied  the  town,  and  the 
warehouse  at  Goldsboro  accidentally  by  Federal  soldiers.  The 
estimated  cost  of  repairing  this  damage  was  $75,000. 

The  road  was  restored  to  the  company  in  October.  Reor- 
ganization had  already  taken  place  under  the  provisional  gov- 


1 86  RECONSTRUCTION  IN  NORTH   CAROI.INA. 

emment.  The  financial  condition  of  the  company  was  at 
first  thought  to  be  very  good,  but  investigation  shov^ed  that 
this  was  an  error.  The  Confederacy  had  owed  the  road 
$1,379,941,  of  which  $600,000  had  been  paid  in  old  metal — 
brass  and  iron — and  a  further  reduction  had  been  made  by  the 
transfer  of  a  part  interest  in  the  Navy  Department's  machine 
shops  at  Charlotte.  The  State  also  owed  the  road  a  large 
debt,  which  could  be  met  by  repaying  the  dividends  received 
from  the  State's  interest  in  the  road.  From  securities  of  a 
nominal  value  of  $351,535  only  $14,324  could  be  realized.  It 
owed,  in  addition  to  its  current  accounts  and  capital  stock, 
about  $350,000. 

Great  dependence  was  put  by  this  road  on  a  large  amount  of 
cotton,  over  eight  hundred  bales,  which  had  been  purchased  in 
1863  and  stored  in  South  Carolina.  In  1866,  a  committee  of 
investigation  reported  that  a  large  part  of  it  had  been  lost  or 
stolen.  The  same  committee,  after  looking  into  the  manage- 
ment of  the  sinking  fund,  reported  a  case  of  fraud  prac- 
ticed there  resulting  in  great  loss  to  the  road.  In  July,  1864, 
the  road  had  $58,000  in  North  Carolina  ante-war  bonds,  "old 
sixes"  as  they  were  called.  In  the  latter  part  of  the  year, 
George  W.  Swepson  contracted  to  exchange  new  State  bonds 
for  the  old,  at  the  rate  of  two  for  one,  to  the  amount  of 
$25,000.  Later  he  contracted  for  the  remainder  at  the  same 
rate.  January  12th,  1865,  the  directors  ordered  that  no  more 
of  the  old  bonds  should  be  disposed  of,  except  for  the  bonds 
of  the  corporation.  Notwithstanding  the  fact  that  Swepson 
had  not  attempted  in  any  way  to  carry  out  his  part  of  the 
contract,  which  was  verbal,  the  commissioners  of  the  sinking 
fund  allowed  him  to  deliver  the  new  bonds  after  General 
Johnston's  surrender  had  made  them  practically  worthless.  He 

bought  them  for  the  exchange  at  three  per  cent  of  their  face 
value.^30 

130  Report  of  the  legislative  committee  on  N.  C.  R.  R.  Report  of 
N.  C.  R.  R.  for  1867.  The  information  regarding  the  railroads  not 
otherwise  annotated,  is  from  their  annual  reports. 


V      o     THE 

uNivERsrrv 

OF 

RECONSTRUCTION  IN   NORTH   CAROLINA,  187 

The  United  States  controlled  half  of  the  Atlantic  and  North 
Carolina  road,  including  its  shops  and  offices  at  New  Bern, 
after  March,  1862.  After  April,  1865,  the  whole  "road  was 
thus  controlled.  After  the  corporation  was  reorganized  in 
the  summer  of  1865,  the  President,  Charles  R.  Thomas,  ap- 
plied for  the  restoration  of  the  road,  at  the  same  time  present- 
ing a  bill  for  $319,500  for  its  use,  and  serving  notice  that 
after  September  15th,  $50,000  per  month  would  be  charged. 
But  as  more  than  $175,000  had  been  spent  for  material  and 
labor,  the  government  refused  to  pay  anything.  The  road  was 
not  surrendered  until  the  immense  stores  at  Morehead  and 
Beaufort  had  been  moved  over  it.  This  work  was  completed 
in  October  and  the  road  was  then  delivered  to  the  corporation. 
At  the  same  time  it  bought  rolling  stock  and  materials  from 
the  government  amounting  to  over  $50,000  in  value. 

The  Wilmington  and  Weldon  road  was  restored  in  August. 
Property  to  the  amount  of  $50,000  was  bought  from  the  gov- 
ernment. 

The  Raleigh  and  Gaston  iQ^dj^as  restored  early  in  May. 
Its  finances  were  in  better  condition^  probably,  IMn  those  of 
any  other  road  in  the  State. 

The  Western  NorthCarolina  Railroad  was  never  controlled 
and  operated"Ty"the  military  forcesVtut  it  suffered  from  raid- 
ers,  so  far  as  track  and  equipment  ^,^re  cpnc€rned  The  great- 
est loss  it  sustained  was  at  Salisbury,  where  alTltie  buildings 
and  shops  were  destroyed  by  Stoneman.  The  road  was  un- 
finished and  steps  were  at  once  taken  to  continue  the  work  of 
construction  westward.  Bonds  were  issued  by  the  State  in  »' 
1866  to  the  amount  of  $50,000  for  the  benefit  of  the  road  and 
stock  received  in  payment.  This  was  insufficient  and  the 
State  was  again  appealed  to.  This,  however,  belongs  to  a 
later  period. 

All  the  roads  suffered  in  1866  and  1867  from  the  impover- 
ished condition  of  the  people.  The  poor  crops  made  the 
freight  traffic  very  light.     This  was  only  temporary,  and  the 


v» 


V 


1 88  RECONSTRUCTION  IN  NORTH   CAROLINA. 

recovery  of  the  roads  was  steady  for  some  years.  It  was 
interrupted  by  events  in  the  State  in  the  period  which  now 
followed.  The  connection  of  the  roads .  with,  politics  was  a 
great  disadY.antag;e.  Every  change  of  administration  brought 
a  change^ol  the  officers  of  the  road,  the  State  controlling  a 
majority  .of_ stock  in  several  of  the  most  important. 

Closely  conrieHed~wtftrthF'railroads  was  the  matter  of  the 
mails.  The  United  States  mail  service  ceased  in  North  Caro- 
lina in  May,  1861.  Many  of  the  persons  employed  by  the 
Post-office  Department  entered  that  of  the  Confederacy.  Most 
of  the  funds  belonging  to  the  government  were  turned  over 
to  the  Confederacy.  The  total  amount  was  $37,77042.^^^  The 
larger  part  of  this  was  collected  when  the  war  closed.^^^  Im- 
mediately after  the  organization  of  the  provisional  government, 
the  Postmaster  General,  in  obedience  to  the  directions  of  the 
President's  proclamation  of  May  29th,  notified  Governor  Hol- 
den  that  he  was  ready  to  reorganize  the  mail  service  as  soon 
as  arrangements  could  be  made  with  the  railroads.  By  No- 
vember fourteen  routes  were  in  operation,  supplying  the  ser- 
vice to  a  large  part  of  the  State.  But  there  was  constant 
trouble  with  the  railroads  on  account  of  the  small  sum  paid  for 
transportation,  and  the  uncertain  and  poor  service  of  the 
roads  made  the  mail  facilities  exceedingly  bad.  The  difficulty 
of  securing  persons  to  fill  the  offices  under  the  requirements  of 
the  law  also  delayed  a  return  to  good  service.  It  was  several 
years  before  an  adequate  one  was  established. 

131  Of  this  $12,391.38  was  due  from  the  seven  presidential  offices  in 
the  State:  Chapel  Hill,  Fayetteville,  Goldsboro,  Greensboro,  New  Bern, 
Raleigh  and  Wilmington.     Report  of  the  Postmaster-General  for  1865. 

132  Report  of  the  Postmaster  General  for  1866. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  1 89 


CHAPTER  V. 

MILITARY     GOVERNMENT     UNDER    THE    RECONSTRUCTION    ACTS. 

I.  The  Reconstruction  Acts. 

The  experiment,  if  it  be  so  called,  of  restoration  on  the  plan 
laid  down  by  the  President,  lacked,  from  the  standpoint  of  the 
individual  States  concerned,  but  one  thing  to  be  successful. 
Within  these  States  the  various  departments  of  government, 
when  free  from  outside  interference,  exercised  their  normal 
functions  apparently  in  the  manner  prescribed  by  law  and 
custom.  But  the  relations  of  these  States  to  the  United  States 
were  abnormal  by  reason  of  the  refusal  of  Congress  to  receive 
their  representatives.  Recognition  of  the  existing  State  gov- 
ernrnxcnts  by  the  legislative  branch  of  the  general  government 
was  utterly  lacking. 

There  were  many  things  which,  united,  caused  the  existence 
of  this  condition  of  affairs.  Congress,  before  the  close  of  hos- 
tilities, had  clearly  shown  and  expressed  the  opinion  that  the 
matter  of  the  reconstruction  of  the  seceded  States  was  a  ques- 
tion the  solution  of  which  properly  belonged  to  Congress. 
The  reason  of  this,  beyond  jealousy  for  the  prerogatives  of  the 
legislative  branch  of  the  government,  encroached  upon  by  the 
executive  branch  during  the  war,  was  largely  the  difference 
which  appeared  betw^een  the  view  held  by  the  majority  of  the 
members  and  that  held  by  the  President  of  the  results  of  the 
war,  particularly  as  related  to  the  status  of  the  seceded  States 
and  the  treatment  of  the  freedmen.  This  difference  increased 
after  the  death  of  President  Lincoln  and  the  succession  of 
President  Johnson.  A  combination  of  sentimentalism  and 
of  solicitude  for  the  future  welfare  of  the  Republican  party 
caused  the  radical  element  of  that  party  to  demand  that  the 
suffrage  should  be  extended  to  the  lately  emancipated  slaves. 


190  re:construction  in  north  carouna. 

This  demand  formed  a  basis  of  opposition  to  the  President.^ 
At  first  the  many  differences  of  opinion  in  the  party  and  a 
desire  to  avoid  an  open  rupture  with  the  President  made  a 
poHcy  of  waiting  advisable,  if  not  actually  necessary.  In  this 
period  of  delay  a  consolidation  of  opinion  took  place  which 
enabled  the  radicals  to  cope  with  the  President  successfully 
when  the  occasion  arose. 

In  pursuance  of  this  policy  of  delay  a  resolution  was  passed 
providing  for  a  joint  committee  of  both  houses  on  the  condi- 
tion of  the  States  lately  in  insurrection.  The  committee  was 
chosen  and  to  it  were  referred  all  matters  relating  to  the 
States  in  question.^  When  at  the  opening  of  Congress  the 
delegations  from  the  Southern  States  presented  themselves 
as  has  been  seen,  no  action  was  taken  at  first,  and  finally  a 
resolution  introduced  ~  by  Mr.  Stevens  was  passed  by  both 
houses,  forbidding  the  admission  of  members  from  any  of  the 
eleven  Southern  States  until  Congress  should  formally  have 
declared  such  a  State  entitled  to  representation.^  During  the 
period  which  elapsed  before  the  reconstruction  committee  re- 
ported finally  many  individual  bills  were  reported  by  it  and  con- 
sidered in  Congress.  Through  this  discussion  the  policy  of 
Congress  was  finally  outlined  and  developed.  In  the  meantime 
an  investigation  was  being  made  by  the  committee  of  the  condi- 
tion of  affairs  in  the  South. 

Investigations  into  the  conditions  existing  in  the  Southern 
States  had  already  been  made.  General  Grant,  with  the  ap- 
proval of  the  President  and  the  Secretary  of  War  in  Novem- 
ber,  1865,  visited  Virginia,  the  Carolinas  and  Georgia.     His 

1  Dunning,  Essays  on  Civil  War  and  Reconstruction,  p.  80. 

2  The  membership  of  the  committee  was  as  follows :  Majority,  Sen- 
ators Fessenden,  Grimes,  Harris,  Howard  and  Williams,  and  Representa- 
tives Stevens,  Washburne,  Morrill,  Bingham,  Conkling,  Boutwell  and 
Blow.  Minority,  Senator  Johnson,  and  Representatives  Grider  and 
Rogers. 

3  This  resolution  passed  the  House  February  20,  18^,  and  the  Sen- 
ate March  2,  1866. 


RECONSTRUCTION  IN   NORTH   CAROLINA.  I9I 

report  was  altogether  favorable  to  the  President's  policy,  both 
as  to  conditions  and  as  to  the  feeling  existing  among  the  people 
towards  the  general  government.  The  two  questions  which 
had  hitherto  divided  the  two  sections — slavery  and  the  right 
of  secession — he  thought  were  regarded  as  finally  settled  by 
arms,  and  the  people  were  ready  to  accept  the  decision  in  good 
faith.  War  had  left  such  a  condition  that  military  occupation 
was  necessary  for  the  time  to  preserve  order;  but  the  mere 
presence  of  a  military  force,  however  small,  was  sufficient  for 
the  purpose.  Colored  troops^  should  be  entirely  withdragiL 
as  they  were  provocative  of  trouble.  He  expressed  the  belief 
that  tfie  people" were  anxious  to  refurn  to  self-government  in 
the  Union  and  were  ready  to  do  what  the  government  required 
of  them,  provided  it  was  not  humiliating.  He  criticised  theV 
administration  of  the  Freedmen's  Bureau,  bearing  witness  at 
the  same  time  to  the  good  accomplished  by  it.* 

Two  other  commissioners,  Carl  Schurz,  a  major-general  in 
the  volunteer  service,  and  Benjamin  C.  Truman,  a  civilian,  also 
came  south  at  different  times.  Neither  of  them  came  to 
North  Carolina,  and  it  is  sufficient  to  say  of  their  reports  that 
Mr.  Schurz  was  more  gloomy  regarding  conditions  than  Gen- 
eral Grant  had  been,  and  his  report  consequently  was  more 
to  the  taste  of  the  radicals.^  Mr.  Truman  on  the  other  Hand 
found  everything  most  encouraging  for  a  perfect  restoration 
of  peace  and  order.^  President  Johnson  sent  the  two  former 
reports  to  the  Senate  with  a  message  reviewing  the  conditions 
in  the  South.  All  was  without  effect,  for  the  message  and 
the  report  of  General  Grant  were  regarded,  as  Senator  Sumner 
expressed  it,  as  "whitewashing,"^  and  they  did  not  contain 
the  sort  of  information  desired  by  the  radicals.  To  obtain 
the  desired  indictment  of  the  presidential  policy  and  of  the 

4- Sen.  Docs.  No.  2,  p,  106,  1st  sess.  39th  Cong. 

5  Ibid,  pp.  1-106. 

6  Ibid,   No.  4Z. 

7  Annual  Cyclopaedia  1866,  p.  187. 


192  RE:C0NSTRUCTI0N   in   north   CAROI.INA. 

South  an  investigation  of  their  own  was  made.  Sub-commiti 
tees  of  the  Reconstruction  Committee  were  appointed  to  take 
evidence  from  the  different  States.  The  sub-committee  for 
North  CaroHna  and  also  for  Virginia,  South  CaroHna  and 
Georgia  was  composed  of  Messrs.  ConkHng,  Howard  and 
Blow.  The  testimony  for  North  Carolina,  however,  was  all 
taken  by  Mr.  Howard.  He  remained  in  Washington  and 
summoned  such  witnesses  as  he  desired.  In  March  ex-Gov- 
ernor Graham,  who  had  been  elected  to  the  United  States 
Senate,  wrote  to  Senator  Fessenden  and  asked  that,  as  a 
claimant  for  a  seat  and  as  a  representative  of  North  Carolina, 
he  might  be  present  at  the  investigations  of  the  committee 
and  be  allowed  to  cross-examine  the  witnesses  and  produce 
evidence.  Mr.  Fessenden  responded  that  the  first  two  parts 
of  the  request  could  not  be  granted,  but  that  the  committee 
would  be  glad  to  examine  any  witnesses  he  might  suggest.^ 
Mr.  Graham  was  much  disturbed  because  so  far  as  he  could  dis- 
cover, only  one  witness  from  North  Carolina  had  beon  examined 
and  he  not  a  native,  but  an  officer  of  the  army  and  an  agent 
of  the  Freedmen's  Bureau.  It  later  appeared  that  there  were 
several  more  who  had  been  examined.  Possibly  the  protest 
had  some  effect  in  causing  the  examination  of  additional  wit- 
nesses. 

In  all  twelve  witnesses  were  examined  by  the  committee  for 
North  Carolina.  Of  these  only  one  was  a  native  of  the  State.® 
Two  had  lived  in  the  State  prior  to  i860,  both  ministers  of 
the  gospel  and  agents*  of  the  Bureau.^^     Eight  were  or  had 

8  The  testimony  will  be^foimd^m^ou^s^^RepOT^^ 
sess.^J^th  Cong.  _^ 

»  Bedford  Brown. 

10  Rev.  Jas.  Sinclair  and  Rev.  Hope  Bain.  The  former  had  been  a 
lieutenant-colonel  in  the  Confederate  service,  but  on  account  of  disgrace- 
ful conduct  at  the  battle  of  New  Bern  was  dropped  by  his  regiment  at 
re-organization  in  1862.  He  informed  the  committee  that  he  had  -given 
up  his  commission  because  he  would  not  take  part  against  the  United 
States. 


re:construction  in  north  Carolina.  193 

been  officers  in  the  Union  army,  and  of  these  six  were  con- 
nected with  the  Bureau/^  The  other  witness  was  a  newspaper 
editor  who  had  been  a  war  correspondent  of  the  New  York 
Herald  until  the  capture  of  Wihitington/^  Most  of  the  testi-  * 
mony,  as  might  be  expected,  painted  a  dark  picture  of  condi- 
tions.    Most  of  the  witnesses  agreed  that  the  freedmen  were"^ 


hated  by  the  whites,  aii^*witIT^urn[Tir*^otect  1011 ' "oT*~Tr oop s 
would  again-^-en^vt4f,lhat"lTiere"~\vaT  a  secret  1)iit  inte«^ 
hostilityt-te~-the-y«ifee4-.States  govern  1,1  ci  11 ;  that  without  pro- 
tectitEHi-Hfirthern.  men  and  all  Unionists  wcnikl  1)o  unjaie  in 
the  ,Statej^'^  and  that  Northern  people  were  disliked,  and  as  a 
rule  not  received  socially.  What  value  this  latter  fact,  true 
as  it  undoubtedly  was,  had  as  evidence  regarding  political 
conditions  would  be  hard  to  say.  One  witness  complained  that 
no  approach  to  equality  was  allowed  the  freedmen;^*  another  \ 
thought  that  every  Southern  man  was  opposed  to  granting  the  \. 
negroes   equal   rights   in   the    courts,   and    that   there    was   a  \ 

prejudice  in  the  courts  against  the  holding  of  property  in  land..^^ — ^ 
by  a  negro.^'^  A  majority  of  those  questioned  about  the  mat- 
ter thought  the  people  favored  the  repudiation  of  the  war 
debt  of  the  State,^®  and  most  of  them  noted,  apparently  with 
surprise,  that  men  who  had  distinguished  themselves  as  Con- 
federate soldiers  were  very  popular  with  the  people.  Major 
Lawrence,  formerly  an  agent  of  the  Freedmen's  Bureau  and 
an   Illinois   Republican,   dissented  entirely   from   the  unfavor- 

11  Lieut.  G.  0.  Sanderson,  Col.  E.  Whittlesey,  Capt.  H.  A.  Cooke, 
Ool.  D.  A.  Clapp,  Col.  J.  A.  Campbell,  Col.  W.  H.  H.  Beadle,  Maj.  H. 
C.  Lawrence  and  J.  W.  Alvord. 

12  Thomas  M.  Cook. 

13  Col.  Whittlesey  and  Maj.  Lawrence  dissented  from  this  and  stated 
that  there  was  no  danger  of  violence. 

14  Testimony  of  G.  O,   Sanderson,   p.    173. 

15  Testimony  of  W.  H.  H.  Beadle,  p.  265. 

i«  Testimony  of  Sinclair,  Brown,  Whittlesey,  Cook  and  Lawrence;  for 
the  other  view  see  Cooke  and  Campbell. 

13 


\.  y^ 


194  RECONSTRUCTION   IN   NORTH   CAROLINA. 

able  testimony  given  by  the  other  witnesses.  He  expressed 
the  belief  and  offered  proof  that  Northern  men  in  the  State 
were  entirely  safe,  quoting  General  Abbott/^  who  said,  ''Tell 
them  (the  committee)  that  a  Northern  man  is  just  as  safe 
anywhere  in  the  State  of  North  Carolina  as  he  is  anywhere  in 
the  North.  I  do  not  say  that  a  man  cannot  come  here  and 
act  so  without  sense  and  discretion  that  he  will  get  into  diffi- 
culty with  the  people;  he  can  do  that  anywhere.  But  a  man 
who  comes  here  and  attends  to  his  own  business  and  does  not 
take  some  pains  to  make  himself  odious,  I  think,  is  as  safe  here 
as  anywhere  else."  ^®  Major  Lawrence  thought  that  the  peo- 
ple generally  had  accepted  the  result  of  the  war  and  were  pre- 
pared to  show  it  by  their  acts,  including  full  protection  to  the 
freedmen.^^ 

The  testimony  so  far  has  been  analyzed  merely  to  show  its 
general  character.  It  probably  had  no  effect  upon  the  opinion 
of  the  committee  or  upon  the  final  result  of  their  work.  Nor 
is  it  likely  that  any  such  effect  was  intended.  The  object  of 
the  appointment  of  the  committee  had  been,  largely,  to  gain 
time  while  plans  of  legislation  might  be  formed,  independently 
of  the  result  of  any  investigation  such  as  was  thus  conducted. 

17  A  Northern  man  who  had  settled  in  Wilmington. 

18  Testimony,  p.  290. 

19  Ibid,  p.  289.  Major  Lawrence's  examination  was  suggested  to  the 
committee  by  Hon.  TRftvercjiy  >^rohnson  at  the  instance  of  Hon.  Robert  S. 
Hale,  of  New  York.  Probably  his  arraignment  of  the  Freedmen's  Bu- 
reau, an  extract  of  which  is  here  given,  was  the  cause.  Major  Law- 
rence said,  "1  confess  that  I  am  tired  out  and  half  worn  out  with  the 
annoyances  of  my  position  and  need  rest;  and  am  so  far  from  having 
any  sympathy  with  the  views  that  seem  to  prevail  in  Congress  that  I 
am  unwilling  to  be  a  liumble  instrument  in  carrying  them  out.  *  *  * 
I  felt  ashamed  for  myself  as  an  American  and  for  my  government 
when,  a  few  days  ago,  Judge  Buxton,  of  the  Supreme  \sic]  Court  of 
this  State  called  at  my  office  to  inquire  as  to  the  extent  of  jurisdiction 
he  would  l>e  permitted  to  exercise  in  a  term  he  was  about  to  hold." 
Globe,  pp.  1483-4,  Ist  sess.  39th  Cong. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  195 

The  mass  of  the  testimony  collected  was  to  be  used  later  as  a 
justification  and  defence  of  the  plan  of  reconstruction  formu- 
lated and  propose^!,  and  also  to  secure  the  support  of  the 
North  by  means  of  the  effect  it  would  have  upon  the  minds  of 
the  people. 

The  committee  made  its  report  in  June,  1866.  The  majority 
report  declared  that  the  seceded  States  at  the  close  of  hos- 
tilities had  been  in  a  state  of  complete  anarchy,  without  gov- 
ernments or  the  power  to  frame  them  except  by  permission 
of  the  victors.  The  plan  of  restoration  adopted  by  the  Presi- 
dent was  approved  as  a  temporary  military  expedient  for  pre- 
serving order.  The  President's  recommendation  to  Congress 
that  these  States  should  be  admitted  to  representation  was 
declared  to  have  beea  based  on  incomplete  evidence.  When  he 
made  it,  he  had  not  withdrawn  the  military  forces  or  restored 
the  privilege  of  the  writ  of  habeas  corpus,  and  he  still  exercised 
over  the  people  of  these  States  military  power  and  jurisdiction. 
Moreov«f-the- report  alle^d,  in  all  the  seceded^-Statcs,  except 
perhaps  Arkansas  and  Tennessee^ -tli£_elections  for  State  officers 
and  mernbers  of  Congress  "had  resulted  almost  universally  in 
the  defeat  of  canjj^Ses  wtTo'llatfbeen  KeTo^  Union,  and  in 
the  election  of  notorioiTs"^  ^^(^"uripardoned  rebels  who  could 
not  take  the  prescribed  oath  and  made  no  secret  of  their  hos- 
tility to  th^""  ^vernment  and  people  of  the  United   States." 

From  the  evidence  which  it  had  secured  the  committee  was 
convinced  that  devotion  to  the  Confederacy  and  its  leaders  was 
still  existent,  and  republican  government  endangered  by  a 
"spiritjpi^ialigarohy  ■'  ■■bas£il_Qn  gl^Ygrv-  ^^^  ^"^1  opinion  of 
the  committee  was  that  the  States  lately  in  rebellion  had  be- 
come, through  war,  disorganized  communities;  that  Congress 
could  not  be  expected  to  recognize  as  valid  the  election  of 
representatives  from  these  communities,  nor  would  it  be  jus- 
tified in  admitting  the  respective  communities  to  participation 
in  government  "without  first  providing  such  constitutional 
or  other  guarantees  as  will  tend  to  secure  the  civil  rights  of 


f 


196  RE:C0NSTRUCTI0N   in   north   CAROLINA. 

all  citizens  of  the  republic;  a  just  apportionment  of  represen- 
tation; protection  against  claims  founded  in  rebellion  and 
crime;  a  temporary  restoration  of  the  right  of  suffrage  to 
those  who  have  not  actively  participated  in  the  efforts  to  de- 
stroy the  Union  and  overthrov^  the  government,  and  the  ex- 
clusion from  positions  of  public  trust  of  at  least  a  portion  of 
those  whose  crimes  have  proved  them  to  be  enemies  of  the 
Union  and  unworthy  of  public  confidence."'-'^ 

The  minority  members  of  the  committee  presented  a  report 
dissenting  from  the  conclusions  drawn  by  the  majority,  and 
attacking  the  constitutionality  of  their  theory  and  of  the  legis- 
lation proposed. 

This  legislation  was  embodied  in  a  resolution  which,  after 
modification,  became  the  Fourteenth  Amendment  to  the  Con- 
stitution of  the  United  States  f^  a  bill  providing  that  whenever 
this  proposed  amendm.ent  should  become  a  part  of  the  Con- 
stitution, and  any  State  lately  in  insurrection  should  ratify  it 
and  modify  its  own  constitution  in  conformity  therewith,  its 
Senators  and  Representatives  might  be  admitted,  if  duly  quali- 
fied, after  taking  the  required  oath;  and,  a  bill  declaring  inel- 

20  Many  statements  of  fact  and  inference  in  the  majority  report  were 
conspicuously  untrue  so  far  as  concerned  North  Carolina.  For  example, 
that  "the  elections  which  were  held  for  State  officers  and  members  of 
Congress  had  resulted,  almost  universally,  in  the  defeat  of  candidates 
who  had  been  true  to  the  Union,  and  in  the  election  of  notorious  and 
unpardoned  rebels,  men  who  could  not  take  the  prescribed  oath  of  office, 
and  who  made  no  secret  of  their  hostility  to  the  government  and  people 
of  the  United  States."  Again,  "It  appears  quite  clear  that  the  anti- 
slavery  amendments,  both  to  the  State  and  Federal  Constitutions,  were 
adopted  with  reluctance  by  the  bodies  which  did  adopt  them."  And 
again :  "The  witnesses  examined  as  to  the  willingness  of  the  people 
of  the  South  to  contribute  under  existing  laws  to  the  payment  of 
The  first  part  of  this  last  extract  was  without  doubt  true,  but  there 
was  no  basis  for  the  latter  part. 

21  The  chief  modification  was  in  the  third  section  where  the  original 
provided  that  until  July  4,  1870,  all  persons  who  had  voluntarily  ad- 
hered to  the  late  insurrection,  giving  it  aid  and  comfort,  should  be 
deprived  of  the  right  to  vote  for  members  of  Congress  and  electors  for 
President.  ''i 


RECONSTRUCTION   IN   NORTH   CAROLINA.  I97 

igible  to  office  under  the  United  States  all  persons  in  the 
classes  excepted  by  the  President's  amnesty  proclamation  of 
May  29th,  1865,  except  those  under  the  thirteenth  exception.^^ 
The  two  bills  never  passed. 

The  fate  of  the  Fourteenth  Amendment,  when  submitted  to 
the  North  Carolina  legislature  has  been  noticed.-^  It  met  with 
rejection  in  all  the  other  Southern  States  except  Tennessee' 
When  Congress  met  in  December,  1866,  enough  of  the  South^rn^ 
States  h'ad"reJeGted  the  amencfnTent  toTsIicnv  ^le  *pi-evailing  opin- 
ion JiL,lhe  South,  and^^^conse^,i,venU^  at  once  arose 
as  to  what  policy  should,  be  adopted.  The  uncertainty  in 
regard  to  this  became  less  as  the  remaining  Southern  States 
in  turn  rejected  the  amendment.  Consequently,  in  February, 
1867,  it  became  a  determined  fact  that  the  State  governments, 
as  organized  by  the  President,  should  be  superseded  by  others 
organized  under  military  authority;  that  the  political  leaders 
of  the  Southern  States  should  be  disqualified  from  taking  part  \ 
in  the  re-organization  of  the  governments;  and  that  the  right  j 
of  suffrage  should  be  extended  to  the  negro  by  national  legis-  ' 
lation,  in  utter  defiance  of  the  constitutional  provision  as  to 
the  right  of  the  individual  States  in  the  matter.  In  pursuance 
of  this  determination  the  act  of  March  2,  1867,  *'to  provide 
for  a  more  efficient  government  of  the  rebel  States"  was  passed. 
It  v/as  vetoed  by  the  President,  but  was  passed  over  the  veto 
on  the  sarne  day.  Declaring  in  the  preamble  that  no  legal  State 
governments  or  adequate  protection  for  life  or  property  existed 
in  the  ten  "rebel"  States,^*  the  act  provided  that  these  States 
should  be  divided  into  five  military  districts,  each  under  an 
officer  of  the  army  of  not  lower  rank  than  brigadier-general, 
and  made  subject  to  the  military  authority  of  the  United  ) 
States.  North  Carolina  and  South  Carolina  ^^^"^^[j  ^tLft.'-if'»^ri 
district.     The  commander  of  each  district  was   required  to 


22  This  class  was  composed  of  those  who  owned  $20,000. 
"  See  pp.  167-171,  preceding. 

24  Tennessee  not  included  jn  the  provisions  of  this  act,  as  its  repre- 
sentatives had  been  admitted. 


198  REICONSTRUCTION  IN  NORTH   CAROUNA. 

protect  all  persons  in  their  rights  and  to  suppress  insurrection, 
disorder  and  violence.  In  the  punishment  of  offenders  he  was 
authorized  to  allow  the  civil  tribunals  to  take  jurisdiction,  or 
if  he  deemed  it  necessary,  to  organize  military  commissions 
for  the  purpose.  All  interference  with  such  tribunals  by  the 
State  authorities  was  declared  void  and  of  no  effect.  It  was 
further  provided  that  the  people  of  any  of  the  said  States 
should  be  entitled  to  representation  whenever  they  should  have 
framed  and  ratified  a  constitution  in  conformity  with  the 
.  X^onstitution  of  the  United  States.  This  constitution  must 
ff  be  framed  by  a  convention  elected  by  the  male  citizens  of  the 
;.  State,  regardless  of  race,  color,  or  previous  condition,  with 
the  exception  of  those  disfranchised  lorparESpdflflfl'  I'fT'rebel- 
lion  or  for  felony.  Those  persons  on  whom  disabilities  would 
be  imposed  by  the  proposed  Fourteehth  Amendment  were  dis- 
qualified from  holding  a  seat  in  the  convention  or  from  voting 
for  delegates.  The  constitution  thus  framed  and  providing 
that  all  persons  whom  the  act  of  Congress  made  electors  should 
retain  the  electoral  franchise,  must  then  be  approved  by  Con- 
gress. Whenever  representatives  should  be  admitted  the  por- 
tion of  the  act  establishing  military  governments  would  become 
inoperative  so  far  as  concerned  the  State  in  question.  Until  the 
completion  of  this  reconstruction  the  existing  civil  governments 
were  declared  provisional  and  liable  at  any  time  to  modification 
or  abolition.^^ 

On  March  23rd  a  supplementary  act  was  passed.  The 
original  act  left  the  whole  matter  of  the  initiation  of  recon- 
struction very  indefinite.  The  supplementary  act  provided 
that  the  district  commanders  should  cause  a  registration  to 
be  made  of  all  male  citizens  who  could  take  a  required  oath 
as  to  their  qualifications  as  electors.  The  election  of  delegates 
to  a  convention  should  then  be  held  by  the  commanders.  For 
the  sake  of  giving  at  least  an  appearance  of  following  the  will 
of  the  people,  the  act  provided  that  the  question  of  holding 

26  Laws,  2d  Sess.  39th  Cong.,  Chap.  153. 


RECONSTRUCTION  IN  NORTH   CAROLINA.  I99 

a  convention  should  be  submitted  to  them  at  the  same  time. 
Unless  a  majority  of  the  registered  voters  took  part  in  the 
election  and  a  majority  in  favor  of  holding  the  convention 
resulted,  no  convention  should  be  held.  Provision  was  made 
for  boards  of  election  composed  only  of  those  who  could 
take  the  "iron-clad"  oath.  Finally  it  was  provided  that  a 
majority  of  those  registered  must  take  part  in  the  voting  on 
the  ratification  of  the  constitution  to  make  it  valid.*®  This 
act  was  also  vetoed  by  President  Johnson  and  promptly  re- 
passed by  the  required  majorities. 

In  July  Congress  met  again.  In  the  meantime  the  Attorneys- 
General  of  the  United  States  had  sent  to  the  President  an  in- 
terpretation of  the  act,  which  closely  restricted  the  power 
of  the  military  commanders.  At  once  another  supplementary 
act  was  passed,  as  an  authoritative  interpretation  of  the  former 
acts.  It  gave  the  commanders  full  power  to  make  any  re- 
movals from  office  that  they  might  see  fit,  and  authorized  the 
boards  of  registration  to  go  behind  the  oath  of  an  applicant 
for  registration  whenever  it  seemed  to  them  necessary.  Dis- 
trict commanders,  the  boards  of  registration  and  all  officers 
acting  under  either  were  relieved  from  the  necessity  of  acting 
in  accordance  with  the  opinion  of  any  civil  officer  of  the 
United  States.  The  executive  and  judicial  officers  referred  to 
in  the  imposition  of  disabilities^'^  were  declared  to  include  the 
holders  of  all  civil  offices  created  by  law  for  the  administra- 
tion of  justice  or  for  the  administration  of  any  general  law 
of  a  State.  An  extension  of  time  for  registration  was  author- 
ized, and  also  a  revision  of  the  lists  of  registered  voters  before 
the  election.^^  This  act,  as  was  now  the  customary-  thing,  had 
to  be  passed  over  the  President's  veto. 

Such  was  the  most  important  legislation   enacted   for  the 
restoration  of  the  South.     Questions  of  precedent  and  of  consti- 

26  Laws,  1st  Sess.,  40th  Cong.,  Chap.  6. 

27  Constitution  of  the  United  States,  Amendments,  Art.  XIV. 

28  Laws,  2d  Sess.,  40th  Cong.,  Chap.  28. 


3 


200  RECONSTRUCTION   IN   NORTH   CAROLINA. 

tutional  law  were  alike  disregarded  in  their  passage  and  justi- 
fication found  for  all.     A  discussion  of  their  constitutionality, 
ho^t^^i^jgn  jjj]ot.,a.par 
thfiUaiats-ja^er^^e^ffectt v€f  "^ '^ ' 

Within  the  State,  as  has  been  seen,  the  debates  in  Congress 
on  reconstruction  had  caused  the  greatest  excitement  and 
anxiety.  In  January  Governor  Worth  appealed  to  the  Council 
of  State  for  instructions  as  to  the  course  he  should  pursue  in 
the  event  of  the  passage  of  a  reconstruction  bill.  He  him- 
self at  that  time  favored  resistance  to  such  an  extent  as  would 
bring  the  question  before  the  Supreme  Court  of  the  United 
States.  The  Council  agreed  with  him  and  authorized  him  to 
secure  the  best  legal  talent  as  counsel  for  the  State  in  his  at- 
tem.pt  to  bring  the  matter  before  the  Court.-^  Acting  on  the 
advice  of  Juds^e  Thomas  Ruffin  and  ex;jC[Qyernor  Graham, 
Governor  Wdrth  consulted  Hon.  Benjamiin  R.  Curtis,  a  former 
justice  of  the  Supreme  Court  of  the  United  Stalies,  at  this 
time  a  practicing  lawyer  in  Massachusetts.  He  agreed  with 
Judge  Ruffin  that  it  would  be  practically  impossible  to  get  a 
test  case  before  the  Court.  Judge  Ruffin  also  advised  that  the 
State  should  not  become  a  party  to  any  attempt  of  the  kind.^'^ 

Accordingly  in  March,  after  the  first  reconstruction  act  had 
gone  into  effect.  Governor  Worth  asked  the  council  if  he 
should  take  any  steps  in  the  matter.  He  had  come  to  the  con- 
clusion that  it  was  useless  and  impossible  to  make  any  attempt 
without  the  authority  from  the  General  Assembly,  and  thoup^ht 
correctly  that  it  would  be  impossible  for  that  body  to  assemble. 
He  advised  that  the  people  should  be  urged  to  register,  and 
after  sending  as  good  men  as  possible  to  the  convention  to 
ratify  or  reject  the  constitution  as  they  saw  fit.  The  council 
agreed  with  this  view  and  passed  a  resolution  containing  the 
suggestion  just  mentioned.^^     With  the  governor,  and  in  fact 

29  Council  of  State  Records,  pp.  193-5. 

30  Executive  Letters,  Worth,  Vol.  I,  pp.  395-400. 
81  Council  of  State  Records,  pp.  200-04. 


RECONSTRUCTION  IN  NORTH  CAROLINA.         20I 

with  all  the  State,  they  doubted  the  value  of  any  application 
to  the  Supreme  Court,  feeling  that  even  were  the  case  con- 
sidered and  decided  in  favor  of  the  State  the  decision  would 
not  be  respected  by  Congress.  Governor  Worth  had  been  in 
correspondence  with  several  of  the  Southern  governors,  and 
now  notified  them  that  North  Carolina  would  take  no  part  in 
their  attempt  to  secure  justice  through  a  judicial  decision. 

2.  Military  Government  Under  General  Sickles. ^^ 

The  first  reconstruction  act  was  declared  in  force  in  North 
Carolina  by  General  Robinson.  General  Daniel  E.  Sickles, 
however,  was  assigned  to  the  command  of  the  second  district 
with  headquarters  at  Columbia,  South  Carolina  ^^  He  was 
not  unknown  in  the  State,  for  he  had  been  in  command  of  the 
department  of  which  North  Carolina  formed  a  part,  and  had 
been  rather  popular  than  otherwise.  Consequently  his  assign- 
ment was  received  with  as  much  satisfaction  as  could  be  ex- 
pected under  the  circumstances.  As  a  matter  oj 
tion  to  the^e|^ierC(Jl'\i^lil  oithe  reconstruction 
Hea4^  Tt  had  been  violent  until  the  £assag;e^  of  the  lact,  and 
then  there  seemed  "f6"be  a  general  acquiescence  if  not  agree- 
menjt, — But.jj£was  only  resignation.  No  one  can  believe  that 
anything  approaching  a  majority  of  the  white  people  of  the 
State  favored  the  destruction  of  the  existing  State  govern- 
ment. But  power  to  resist  was  lacking,  and  apathy  succeeded 
protestation.  The  Sentinel  expressed  the  feeling,  saying,  "In 
a  political  sense  we  suppose  the  integrity  of  the  glorious  old 
State  of  North  Carolina  has  been  blotted  out  of  existence. 
tfc  *  *  Well,  so  be  it;  we  submit.  The  sword  is  a  mighty, 
convincer,  and  if  such  be  its  decision  we  accept  it  with  all  the 
logical  consequences  present  and  prospective."     The  supple- 

32  The  orders  and  correspondence  not  otherwise  referred  to  will  be 
found  in  Sen.  Ex.  Docs.,  No.  14,  "Correspondence  Relative  to  Recon- 
struction," 1st  sess.,  40th  Cong. 

33  This  was  later  changed  to  Charleston. 


202  RECONSTRUCTION   IN   NORTH   CAROLINA. 

mentary  act  was  really  received  with  joy  by  the  conservative 
element.^*  This  feeling  was  caused -by  the  effect  it  had  upon 
the  plans  of  the  radicals  in  the  State.  Immediately  after  the 
passage  of  the  first  reconstruction  act  the  "loyal"  members  of 
the  legislature  which  was  then  in  session  issued  a  call  for  a 
meeting  of  ''loyal"  citizens  to  devise  a  plan  for  calling  a  con- 
vention of  the  people.  The  primary  meeting  was  held  and  a 
committee  appointed  to  devise  and  carry  out  a  plan  for  organi- 
zation. By  comparison  with  what  this  meant  military  govern- 
ment seemed  to  the  Conservatives  far  preferable. 

General  Sickles  soon  after  he  took  command  issued  an  order 
declaring  the  civil  government  of  the  State  provisional,  but 
continuing  it  with  directions  that  it  should  be  obeyed.  He 
requested  the  co-operation  and  assistance  of  all  officers  and 
citizens.  He  indicated  that  in  general  jurisdiction  in  criminal 
cases  would  be  left  to  the  civil  courts.  Particular  cases  might 
be  referred  by  his  order  to  military  comrnissions.^^  His  idea 
and  intention  were,  evidently,  to  cause  as  little  change  in  the 
State  government  as  possible.  Consequently  he  conferred 
frequently  with  Governor  Worth,  who  had  been  in  Washing- 
ton with  him  before  he  assumed  command  of  the  district,  and 
who  went  to  Charleston  in  April  at  General  Sickles'  invitation 
for  a  consultation  with  him  and  with  Governor  Orr,  of  South 
Carolina.^®  General  Sickles  frequently  took  his  advice,  parti- 
cularly regarding  the  appointment  of  provisional  officers.  For 
convenience  in  the  military  government  the  State  was  immedi- 
ately divided  into  eleven  military  posts. ^'^  The  post  command- 
ers were  instructed  to  supervise  the  action  of  the  various  civil 
officers.     They  were  also  to  give  notice  to  headquarters   of 

r  34  The  term  "conservative"  is  used  merely  in  contradistinction  from 
yhe  radicals.     It  had  not  yet  become  a  party  title. 

35  General  Orders,  No.  1. 

36  Sickles  to  Grant,  April  18,  1867. 

37  Morganton,  Salisbury,  Charlotte,  Greensboro,  Raleigh,  Fayetteville, 
Goldsboro,  Wilmington,  Plymouth,  New  Bern,  and  Fort  Macon. 


(U4 


RECONSTRUCTION   IN   NORTH   CAROUNA.  203 

elections  of  any  nature  that  were  to  be  held  within  the  limits 
of  their  posts,  and  if  necessary  suggest  removals. 

In  April  General  Sickles,  in  response  to  a  demand  for  some- 
thing of  the  kind  in  ;^out|^^ai'<J)lln[l  Lu  atuy  oxGCtttionA  for, 
debtj^ssu^Dbj^v^elT-known  "General^^Ord^^^JfcJfluJjO^"-  After 
rehearsing  the  conditions  which  made  action  necessary  it  pro- 
hibited imprisonment  for  debt  unless  accompanied  by  fraud. 
Judgments  and  executions  on  causes  of  action  arising  after 
December  19,  i860,  and  prior  to  May  15,  1865,  were  ordered 
not  to  be  enforced  then  or  thereafter.  On  causes  arising  prior 
to  that  time,  execution  was  stayed  for  twelve  months.  Judg- 
ments on  actions  subsequent  to  May  15,  1865,  might  be  en- 
forced. Proceedings  for  recovery  of  money  in  payment  for 
the  purchase  of  slaves  were  suspended.  Wages  for  labor  were 
made  a  lien  on  crops.  A  homestead  exemption  of  $500  was 
provided.  The  requirement  of  bail  in  cases  ex  contractu  was 
forbidden  but  allowed  in  cases  ex  delicto.  The  carrying  of 
concealed  weapons  was  forbidden,  and  when  injury  resulted 
from  a  concealed  weapon  it  was  to  be  regarded  as  evidence  of 
an  intent  to  commit  murder.  Corporal  punishment  for  crime 
was  forbidden. 

The-jprder  was  issued  with  reference  to  conditions  in  South 
Carolina^  Its  injustice  in  several  pai  LicUlUlj''  aij  lygUltled 
North  Carolina,  .is-jnanifes^  "^^  ordering  tEe  stay  of  legal 
proceedings  the  fact  that  North  Carolina  did  not  secede  until 
May  20,  1 86 1,  instead  of  on  December  19,  i860,  was  entirely 
ignored.  It  was  stated  at  the  time,  how  correctly  is  uncertain, 
that  most  of  the  cases  in  which  a  stay  was  ordered  in  North 
Carolina  had  arisen  in  the  interval  named.  The  interference 
with  the  punishment  of  -criminals  worked  an  injustice  to  the 
State ;  for  there  was  no  State  prison  and  it  was  a  heavy  tax  on 
the  counties  to  keep  criminals  idle  in  jails,  but  as  the  order  for- 
bidding corporal  punishment  was  construed  by  the  military 
authorities  to  forbid  the  use  of  ball  and  chain,  convicts  could 


ro 


204  RECONSTRUCTION  IN   NORTH   CAROUNA. 

not  be  worked  on  the  roads.^^  To  remedy  this  condition  of 
affairs  Governor  Worth  and  General  Sickles  later  began  to 
perfect  a  plan  for  the  establishment  of  a  penitentiary.  Gen- 
eral Sickles  designated  as  a  committee  to  consider  the  plan, 
Governor  Worth,  K.  P.  Battle,  the  State  Treasurer,  and 
M.  L.  Wiggins  and  J.  C.  Harper,  chairmen  of  the  Finance 
Committees  of  the  Senate  and  House  of  Commons. ^^  It  was 
hoped  that  the  legislature  would  be  allowed  to  meet  and  com- 
plete the  plan,  but  General  Sickles  forbade  the  session.  Owing 
to  the  removal  of  General  Sickles  from  command  the  matter 
was  left  for  the  attention  of  the  new  State  government. 

The  order  for  a  general  registration  was  published  in  May 
and  provided  that  it  should  begin  in  the  latter  part  of  July. 
At  once  the  work  of  organizing  the  boards  of  registration 
began.  To  the  great  disgust  of  the  radicals,  the  Standard  al- 
ready protesting  against  "any  agency  whatever  by  Governor 
Worth  in  the  work  of  reconstruction,"*^  Governor  Worth  was 
consulted  in  the  appointment  of  members  of  the  boards  and 
asked  to  recommend  suitable  persons  from  each  county.*^  He 
accordifigly   sent    recommendations    for   every   county   excepT 

^olk  and  WiLon.*"     It  was  necessary  to  hnd  men  who  Could 
take  the  o^j^H^  and  as  very  few  native  whites  could  do  so,  and 
he  wisja^to  aYddjhe_appomtment.^oLnegroes,  he  endoa^^ 
to  find^-many  former  Union  soldiers  as  possible.     Afewj^oL. 

fed  men  were  iecuiii!neiide<f4v4li£  g^avernor,  "but  very  few  ap- 
plied, <aii^.lie,xefusedjtoj^  any  member  of  the  Union 
L^agUe.*^  For  the  generaTBoai'd  ori "rules  and  reguiations~orre 
of  his  nominations  was  accepted.  For  the  other  place  a  col- 
ored minister  from  the  North  was  selected  by  General  Sickles.** 

38  Executive  Letters,  Worth,  Vol.  I,  p.  542. 

39  Ibid.,  pp.  547,  560. 

V;  40  Standard,  April  27,  1867. 
l;4i  Executive  Letters,  Worth,  Vol.  I,  p.  441. 
,    42  Ibid.,  p.  421. 

43  Ibid.,  p.  485. 

44  H.  H.  Helper  and  G.  W.  Brodie  were  the  persons  in  question. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  205 

General  Nelson  A.  Miles,  who  commanded  the  post  of  Ral- 
eigh and  was  also  assistant  commissioner  of  the  Freedmen's 
Bureau,  had  already  issued  a  circular  to  the  agents  of  the 
Bureau  instructing  them  to  select  two  white  and  one  colored 
man  from  each  election  district  to  be  registrars  and  inspectors 
of  elections.  He  decided  that  one  of  the  white  men  must  be  a 
native  of  the  State  and  the  other  an  army  officer  or  Bureau 
agent.*^  All  preparations  were  made  for  beginning  the  en- 
rollment of  the  voters,  but  General  Sickles,  thinking  it  best  to 
wait  until  Congress  should  decide  who  could  vote,  and  with 
his  usual  regard  for  the  welfare  of  the  people  wishing  the 
"crop  laid  by"  before  the  distractions  incident  to  registration 
should  begin,*^  postponed  indefinitely  the  beginning  of  regis- 
tration. But  by  August  ist  the  order  was  issued  with  an 
elaborate  set  of  rules  and  regulations.  Under  these  post  com- 
manders were  given  power  of  supervision  in  their  districts 
and  authority  to  preserve  order,  provision  was  made  for  the 
recovery  of  damages  by  persons  injured  while  attempting  to 
vote  or  deprived  of  employment  on  account  of  their  registra- 
tion ;  and  registrars  were  directed,  regardless  of  any  challenge, 
to  examine  the  right  of  every  applicant  to  register.  The  lists 
when  completed  should  be  exposed  for  five  days  and  then 
revised.*^  After  the  removal  of  General  Sickles  a  circular  of 
instructions  prepared  by  him  was  also  published.*^ 

General  Sickles  failed  to  exercise  his  power  of  removal  to 
any  great  extent.  When  Attorney-General  Stanbery  gave  a 
construction  to  the  reconstruction  acts  which  deprived  district 
commanders  of  the  right  of  removal.  General  Sickles  at  once 
wrote  the  adjutant-general  that,  without  the  power  of  removing 
civil  officers,  it  was  ''not  practicable  to  afford  adequate  security 

45  standard,  May  1,  1867. 

46^ckles  to  Trumbull.     Quoted  in  Register,  July  11,  1867. 

47  General  Orders,  No.  65,  Sen.  Docs.,  No.  341,  p.  50,  2d  Sess.,  40th 
Cong. 

48  Ibid.,  p.  58. 


206  RECONSTRUCTION  IN   NORTH  CAROLINA. 

to  person  and  property."  He  also_saidy~llJ^^/4thoutjndlitary  con- 
trol I  belie^e^  reconstruction  would  be  impossible.  Anarchy 
would  rule — ruiftto  all  interests  would  follow."  He  also  in- 
formed General  Grant  that,  up  to  June  17,  1867,  ^^^  more  than 
twelve  removals  had  been  made  in  the  Carolinas,  and  that 
those  were  for  misconduct.  Very  few  were  made  by  him 
later.  PoJ[icem^a.-in  -Wilmington-  in.  several  instances  were 
remov^di*®  and_tgs2m--Gommi5Siorta:^4n..J^i|sg^^  and 

Faygtteidlle' — The  mayor  in  the  last-named  place  Avas  also  re^ 
moved.  Successors  were  appointed  in  these  instances  and 
also  when  the  term  of  office  of  the  municipal  officers  of  New 
Bern  expired,  and  the  realm  of  politics  was  left  and  trustees 
appointed  for  the  New  Bern  Academy,  which  was  partially 
controlled  by  the  town.^^  A  town  election  was  suspended  in 
Tarboro  until  the  reconstruction  acts  could  go  into  effect.^^ 
All  appointments  were  in  accordance  with  an  agreement  made 
with  Governor  Worth,  at  their  conference  in  Charleston,  that  no 
municipal  elections  should  be  held  until  after  the  meeting  of 
the  convention.  \A11  officers  ordinarily  elected  by  the  people 
were  to  be  appoiA*e4-by  the  commander,  and  those  ordinarily 
chosen  by  the  legislature  were  to  be  appointed  by  the  gov- 
ernor. ^^^^ 

Throughout  the  administration  of  General  vSickles  there 
was  a  marked  tendency  towards  an  exceedingly  strict  super- 
vision from  headquarters  of  the  actions  of  civil  officers.  All 
officers  empowered  to  make  arrests  were  required  to  report 
to  the  provost  marshals  and  to  act  under  their  orders.^^ 
Orders  were  constantly  issued  in  reference  to  various  subjects 
that  had  attracted  General  Sickles'  notice.  For  instance  in 
one  order,  among  other  things  the  distillation  of  grain  was 

40  Correspondence  Relative  to  Reconstruction,  pp.  48-80. 

50  Ibid.,  p.  79. 

81  Ibid.,  p.  75. 

52  Annual  Cyclopaedia,  1867,  p.  692. 

B3  General  Orders,  No.  34. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  20/ 

forbidden,  very  properly  in  view  of  the  destitution  in  the 
district ;  license  to  sell  liquor  was  confined  to  inns ;  discrimina- 
tion in  public  conveyances  of  any  kind  on  account  of  race  was 
forbidden;  any  qualified  voter  under  the  reconstruction  acts 
was  declared  eligible  to  hold  office,  and  the  remedy  by  distress 
for  unpaid  rent  was  abolished.^* 

Interference  in  the  affairs  of  the  courts  was  more  general 
thaiTbefore  and  had  a  greater  effect  in  the  State  probably  than 
the  rest  of  the  commander's  official  actions.  The  first  in- 
stance of  this  was  in  the  matter  of  juries.  In  May  General 
Sickles  declared  in  "General  Orders,  No.  32,"  that  all  citizens 
who  had  been  assessed  for  taxes  and  had  paid  them  were 
qualified  to  serve  as  jurors,  and  the  proper  civil  officers  were 
ordered  to  revise  the  jury  lists  in  accordance  with  the  order. 
According  to  his  interpretation  the  payment  of  poll  tax  was 
sufficient  qualification.'^^  The  requisite  in  the  State  hitherto 
had  been  a  freehold.^**  When  Chief  Justice  Chase  held  the 
United  States  Circuit  Court  in  Raleigh  in  June  he  ordered 
that  the  jury  lists  should  contain  "all  persons,  regardless  of 
race  or  color,  otherwise  qualified."  This,  although  it  admitted 
negroes,  in  other  respects  followed  North  Carolina  law  and 
precedent.*^^  Governor  Worth  asked  General  Sickles  to  suspend 
his  jury  order  until  October,  when  it  could  be  ascertained  who 
had  paid  taxes.  Accordingly  the  order  was  suspended  in  the 
North  Carolina  courts  till  the  October  terms.^^  Judge  Barnes 
in  June  adjourned  Edgecombe  Superior  Court  because  negroes 
had  not  been  summoned  in  accordance  with  General  Sickles 
^rder.^^     A  still  more  important  judicial  action  was  at  Martin 


'■ll£ 


54  General  Orders,  No.  32. 

B5  Executive  Letters,  Worth,  Vol.  I,  p.  576. 

56  Judge  Fowle's  decision  in  Martin  Superior  Court,  Register,  August 
30,    1867. 

57  Wilmington  Journal,  June  22,  1867. 

58  Annual  Cyclopaedia,   1867,  p.   548. 
69  Wilmington  Journal,  June  21,  1867. 


<i 


208  RECONSTRUCTION   IN   NORTH   CAROUNA. 

Superior  Court  in  August,  when  Judge  Fowle  rendered  a  de- 
cision that  colored  freeholders,  under  the  laws  of  North  Caro- 
lina, without  regard  to  military  orders,  were  qualified  as  jurors. 
Their  exclusion,  prior  to  1865,  he  held,  was  a  natural  and  un- 
avoidable result  of  slavery,  and  the  abolition  of  slavery  in  1865 
made  all  negroes,  otherwise  qualified,  eligible.®^ 

Interference  with  the  action  of  the  courts  was  also  frequent. 
In  one  instance  the  interference  was  at  the  request  of  the 
governor.  A  conviction  of  burglary  had,  in  accordance  with 
State  law,  been  followed  by  the  imposition  of  the  death  sen- 
tence. The  case  was  one  in  which  Governor  Worth  wished 
to  lessen  the  severity  of  the  sentence,  but  under  the  law  he  had 
power  only  to  pardon.  At  his  request  General  Sickles  com- 
muted the  sentence  to  ten  years'  imprisonment.*^^ 

Probably  the  most  remarkable  case  Vvas  that  of  Henderson 
£ooper,  a  freedman.  He  had  been  convicted,  on  proof  beyond 
any  shadow  of  doubt,  of  rape  in  March,  1865,  ^^  Granville 
county,  and  had  afterwards  confessed  his  guilt.  He  was 
sentenced  to  be  hung,  but  escaping  to  Virginia,  he  had  gone 
to  Washington,  where  he  had  been  arrested  and  returned  to 
the  custody  of  the  State  in  the  fall  of  1866.  Later  the  sentence 
was  about  to  be  carried  into  effect  by  order  of  court  when 
General  Sickles,  at  the  representation  of  Colonel  Bomford,  the 
commanding  officer  of  the  post  of  Raleigh,  declared  the  sen- 
tence null  and  void.  Colonel  Bomford  was  ordered  to  investi- 
gate the  charges  against  the  prisoner,  and  a  court  of  inquiry 
was  accordingly  instituted.  Neither  the  victim  of  the  assault, 
the  original  witnesses,  nor  the  court  officers  at  his  trial  were 
summoned.  The  court  of  inquiry  reported,  without  presenting 
any  testimony  to  substantiate  it  and  contrary  to  f^ct,  that  the 
character  of  the  prosecutrix  was  bad.  It  further  stated  that 
at  the  time  the  assault  was  committed  "the  woman's  husband 
was  engaged  in  overseeing  slaves;  he  was  at  that  time,  in  fact, 

«o  The  decision  is  quoted  in  full  in  the  Register,  August  30,  1867. 

61  Correspondence  Relative  to  Reconstruction,  p.  76.  /^     t/lJ^ 


RECONSTRUCTION   IN  NORTH  CAROLINA.  209 

in  the  rebel  army."  The  conclusion  of  the  court  was  that 
*'a  crime  has  been  committed  which,  although  not  meriting 
so  severe  a  penalty  as  that  of  death,  should  receive  some  pun- 
ishment'.' A  military  commission  was  then  ordered.  The 
State  asked  to  have  counsel  present  but  was  refused.  The 
commission  found  the  prisoner  guilty  and  sentenced  him  to  be 
hung.  Just  at  this  point  General  Canby  replaced  General 
Sickles  and  held  that  the  action  of  the  State  court  and  that 
of  the  military  commission  were  alike  void,  and  directed  that 
the  prisoner  should  be  remanded  to  the  civil  authorities  for 
trial  on  a  new  indictment.  This  was  virtually  an  order  of  re- 
lease, for  the  prisoner  could  have  pleaded  a  former  indictment 
and  conviction  and  the  judge  would  have  been  compelled  to 
charge  the  jury  to  acquit.^-  But  while  the  prisoner  was  con- 
fined in  Granville  jail  it  caught  fire  and  he  was  burned  to 
death. ^^  It  was  reported  at  the  time  that  he  himself  set  the 
building  on  fire  in  an  effort  to  escape.  But  there  is  strong 
ground  to  believe  that  it  was  fired  from  outside  with  the  object 
of  his  destruction. 

Another  interesting  case  was  in  Bi|ncombe  county,  where 
a  freedman,  after  a  trial  which  was  acknowled'g'^d  to  be  fair 
by  his  own  counsel,  was  convicted  of  an  assault.    The..soUc4tQr 
was  a  Republican,  so  it  could  not  have  been  political  persecu- 
tion.   Thexonvict  was  bountlout  for  co&ts^  agent  of  the       _^i' 
Freedmen's  Bureau  at  once  insisted  upon  his  release,  stating    &  J 
that  ''things  were  not  going  on  right"  in  that  part  of  the  State     ^     ^ 
as  regarded  the  colored  people.    He  was  sustained  by  the  offi-  f^ 
cer  commanding  the  post,  who  released  the  prisoner  by  mili-  ^ 
tary  force  and  made  an  entry  on  the  court  records  forbidding 
further  proceedings  in  the  case.^* 

Provost  courts  were  established  at  various  points  to  have 
jurisdiction  in  small  cases.  '  The  members  of  these  courts  were 
not  always  chosen  with  the  care  which  their  importance  de- 
es Executive  Letters,  Worth,  Vol.  II,  pp.  5-15. 

63  Ibid.,  pp.   111-116. 

64  Ibid.,  Vol.  I,  pp.  554-7. 

u 


n 


210  RECONSTRUCTION  IN  NORTH  CAROLINA. 

manded.*'^  These,  also,  in  several  instances  claimed  jurisdic- 
tion in  rnatters  that  were  before  the  State  courts. 

These  are  examples  of  numerous  similar  cases.     As  inter- 
ference became  more  frequent,  the  position  of  the  State  judges 
became  increasingly  difficult.     They  were  sworn  to  execute  the 
laws  of  the  State  and  the  military  orders  often  conflicted  with 
V'  the  law.     Jii4geMerrimon,  unwilling  to  hold  the  office  under 

<  the  existing  conditions,  resigned  in  July.^^     After  some  delay 

his  resignation  was  accepted  by  the  governor  and  a  successor 
who  could  take  the  required  oath  was  nominated.  General 
Sickles  then  accepted  the  resignation  and  appointed  the  gov- 
ernor's nominee.®^ 

But  it  was  not  only  the  State  courts  that  were  liable  to  mili- 
tary interference,  though  they  alone  were  powerless  to  resist  it. 
In  June,  1867,  the  first  Circuit  Court  of  the  United  States  held 
in  the  South  since  the  commencement  of  the  war  was  opened  in 
Raleigh  with  Chief  Justice  Chase  presiding.  Since  the  close 
of  the  war  the  justices  had  declined  to  hold  court  in  the  South 
on  account  of  military  occupation  with  its  attendant  cessation 
of  civil  authority.  Chief  Justice  Chase  in  opening  the  court 
said  that  military  authority  was  still  exercised,  but  that  it 
was  not  in  its  power  as  formerly  to  control  judicial  process 
State  or  national,  but  it  could  ''only  prevent  illegal  violence 
to  person  and  property  and  facilitate  the  restoration  of  every 
State  to  equal  rights  in  the  Union.  This  military  authority 
does  not  extend  in  any  respect  to  the  courts  of  the  United 
States."  ^^  A  different  view  from  this  was  held  by  the  military 
commander.  Under  an  execution  issued  by  order  of  the  court 
the  marshal  attempted  to  sell  property  in  Wilmington  to  satisfy 
a  debt  owed  to  a  creditor  outside  the  State.  The  post  com- 
es For  instance,  the  provost  court  at  Fayetteville  was  composed  of 
comparatively  uneducated  laborers. 

66  Executive  Letters,  Worth,  Vol.  I,  p.  524. 

67  Alexander  Little. 

68  Annual  Cyclopaedia,  1867,  p.  547. 


re;construction  in  north  Carolina.  *  211 


mander,  Colonel  Frank,  stopped  the  execution,  and  his  action 
was  sustained  by  General  Sickles.  The  matter  was  then, 
through  the  attorney-general,  referred  to  the  President,  who 
sustained  the  marshal  and  consequently  the  court.  General 
Sickles'  order  was  suspended,  so  far  as  it  applied  to  the  pro- 
ceedings of  the  Federal  courts,  and  this  left  the  unusual  con- 
dition of  affairs  that,  while  a  debtor  was  protected  from  credi- 
tors within  his  own  State,  foreign  creditors  could  obtain 
relief.  General  Sickles  asked  for  time  to  explain  his  position 
and  action,  but  in  the  meantime  steps  were  taken  by  the  De- 
partment of  Justice  to  obtain  an  indictment  against  him  for 
violation  of  the  criminal  laws  in  obstructing  the  process  of  a 
United  States  court.  The  President  closed  the  matter  by  act- 
ing on  the  advice  which  the  attorney-general  had  given  him 
more  than  two  months  before,  and  removing  General  Sickles 
from  command  of  the  Second  District  on  August  26th,  and 
assigning  General  E.  R.  S.  Canby  to  succeed  him.  General 
Sickles  defended  his  conduct  to  General  Grant  and  closed  his 
letter  with  an  expression  of  what  seems  to  have  been  the  opin- 
ion held  generally  by  the  military  officers.  He  said:  *'I  do 
firmly  believe  that  Congress,  intending  to  secure  the  restora- 
tion of  these  States  to  the  Union,  made  all  other  considerations 
subsidiary  to  the  accomplishment  of  this  end.  I  do  not  be- 
lieve that  processes  of  the  courts  of  the  United  States  should 
override  the  orders  Congress  has  empowered  me  to  make  for 
the  execution  of  its  m.easures."®^ 

On  the  whole  the  administration  of  General  Sickles  may 
be  said  to  have  been  popular  in  the  State  so  far  as  any  military 
administration  could  have  been  so.  It  certainly  was  so  with 
the  conservative  element.  They  opposed  many  of  his  acts  as 
unconstitutional,  but  his  evident  desire  for  the  betterment  of 
economic  conditions  made  many  friends  for  him.  His  con- 
stant appeal  to  the  State  officers  for  advice  was  also  liked  by 
the  people,  and  they  appreciated  his  testimony  in  the  State's 

69  Annual  Cyclopaedia,   1867,  p.  548. 


^^        212  RE:C0NSTRUCTI0N   in   north   CAROLINA. 


^ 


favor,  given  on  several  occasions  in  public  and  private/^     He 

nJ       believed  in  general  amnesty,  regarding  it  as  necessary  to  suc- 

^^  ^y  cessful  reconstruction,  and  favored  the  removal  of  all  disabili- 

^   ^  ties,  as  he  thought  that  very  few  who  were  fit  to  hold  office 

^^N^         were  enfranchised.'^     These  same  things  made  him  unpopular 

with  the  radical  leaders.'^^    He  ignored  them  utterly  in  carrying 

on  the  process  of  reconstruction,  and  they  consequently  looked 

upon  him  with  distrust. 

J.  Military  Government  Under  General  CanhyJ^ 

The  assumption  of  command  by  General  Canby  brought  no 
marked  change  from  the  policy  of  his  predecessor.  All  orders 
of  the  latter  were  declared  in  force  soon  after  General  Canby 
reached  South  Carolina."^*  In  time,  however,  certain  modifi- 
cations were  made. 

The  first  new  order  issued  from  the  military  headquarters 
was  one  giving  notice  to  all  persons  who,  through  absence 
from  the  State  or  other  cause,  had  failed  to  give  their  parole, 
to  do  so  within  thirty  days."^^  The  jury  order  of  General 
Sickles  was  then  modified-by  making  the  right  to  vote  the 
on]y__c^ialification.^^     In  other  internal  affairs  there  was  the 

70  When  President  Johnson  visited  Raleigh  in  the  summer  of  1867, 
General  Sickles,  in  his  speech,  said :  "Confident  that  it  is  gratifying  to 
the  Chief  Magistrate  and  the  Cabinet  ministers  present,  to  witness  the 
admirable  bearing  of  the  people  of  this  capital,  it  is  my  duty  to  testify 
to  the  President  that  what  he  has  seen  to-day  in  the  capital,  prevails 
everywhere  over  the  broad  surface  of  your  noble  State." — Wilmington 
Journal,  June  7,  1867. 

71  Letter  to  Senator  Trumbull,   July,   1867. 

72  The  radical  convention,  which  met  in  Raleigh  in  September,  1867, 
passed  resolutions  of  respect  for  General  Sheridan,  who  had  lately  been 
removed  from  command  of  a  district,  but  made  no  mention  of  General 
Sickles. 

73  The  orders  issued  during  Gen.  Canby's  administration  are  to  be 
found  in  Sen.  Ex.  Docs.,  No.  341,  2d  Sess.,  40th  Cong.  Reference  will 
only  be  made  to  the  number  of  the  order  and  the  page. 

74  General  Orders,  No.  85,  p.  60.  75  ibid..  No.  86,  p.  60. 
76  Ibid.,  No.  89,  p.  61. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  213 

same  interference.     Authority  was  given  for  the  suspension 
of  the  payment  of  taxes  under  certain  conditions;  provision 
was   made   for   compelling  citizens   by   military   authority   to 
work  the  roads  and  build  bridges  i*^^  and,  by  proclamation,  an 
official  interpretation  was  given  to  certain  laws  of  the  State.''^      \     r 
The  refusal  of  clerks  to  issue  marriage  licenses,  in  cases  where    aV    ./ 
the  parties  were  of  different  races,  was  declared  a  violation  of  v  ^f 
United  States  law,  which  furnished  ample  remedy  and  redress 
to  the  injured  parties/^     "General  Order  No.  lo"  was  modi- 
fied and  a  change  made  in  the  date  to  correspond  with  the 
secession  of  North  Carolina,  May  20,  1861,  being  substituted 
for  December  19,   1860.^*^ 

The  important  work  of  registration  was  carried  on  under 
General  Canby.  Finally  on  October  18th  he  declared  registra- 
tion completed,  and  issued  the  order  for  an  election  to  be  held 
November  19th  and  20th.  The  usual  regulations  for  the  con- 
duct of  an  election  were  made.  Sheriffs  and  other  peace  offi- 
cers were  ordered  to  be  in  attendance ;  soldiers  were  forbidden 
to  approach  the  polls  except  as  qualified  voters;  all  saloons 
were  ordered  to  be  closed,  and  members  of  the  boards  of  regis- 
tration, who  were  also  candidates  for  the  convention,  were  for- 
bidden to  serve  as  judges  of  election  in  their  respective  coun- 
ties. The  "iron-clad"  oath  was  required,  which  excluded  most 
native  whites  from  service  as  election  officials.^^ 

In  the  latter  part  of  October  the  decisions  of  the  general 
board  of  rules  and  regulations  in  regard  to  grounds  of  chal- 
lenge were  revised.^-  The  circular  shows  the  interpretation 
of  General  Canby  as  to  disqualification  for  registration.     The 

7T  General  Orders,  No.  95,  p.  62. 

78  Ibid.,  No.  134,  p.  75. 

79  Sentinel,  April  11,  1868.  A  letter  of  General  Miles,  dated  Novem- 
ber 10,  186Y,  was  quoted  in  full. 

80  General  Orders,  No.  164. 

81  It  is  impossible  to  discover  how  far  this  rule  was  carried  out.  Accu- 
sations were  made  that  it  was  disregarded. 

82  Circular,  p.  69. 


214  REJCONSTRUCTION  IN   NORTH   CAROI.INA. 

^      decision  of  General  Sickles  that  in  case  entering  the  service  of 
yv"      the  Confederacy  or  giving  aid  and  comfort  to  its  adherents 
had  been  involuntary,  no  disqualification  existed,  had  already 
^       been  published.     Under  the  interpretation  of  General  Canby 
\5i  the  holding  of  only  certain  specified  offices  prior  to  the  war 

constituted  a  disqualification.  Among  them  were  the  follow- 
ing: sheriff,  county  clerk,  member  of  the  legislature,  justice  of 
the  peace,  school  commissioner,  tax  collector,  constable,  post- 
master and  marshal.  But  no  disqualification  was  caused  by 
having  held  any  of  the  following  positions:  deputy  sheriff, 
deputy  marshal,  assistant  postmaster,  clerk  of  the  State  Sen- 
ate, keeper  of  a  light-house  and  notary  public.*' 
\  As  to  the  question  of  what  constituted  aid  to  the  Confeder- 
al Aacy  it  was  held,  among  other  things,  that  investment  in  Con- 


>  -  federate  bonds,  collecting  supplies  for  the  Confederacy,  mak- 
\F^'  ing  speeches  in  support  of  the  war  and  holding  a  mail  con- 
^  A^^  tract  or  any  civil  and  military  office  were  acts  that  carried 
disqualification.  But  making  charitable  contributions  or  being 
a  candidate  for  office  did  not  constitute  aid  and  comfort  in  the 
disqualifying  sense.  Hiring  out  horses  to  the  Confederacy 
was  disloyalty;  to  Confederate  soldiers  was  nof. 
The  result  of  the  ^  registration  was  as  follows  :** 

Whites 106,721 

Blacks    72,932 

^  'Total,    179.653 

Nineteen  counties  had  negro  majorities  and  m  several  others 
^  the  white  majority  was  less  than  a  hundred.^^    No  definite  idea 

83  These  are  only  a  few  of  the  cases  cited. 

84  This  is  the  revised  total.  The  first  result  was,  whites,  106,060; 
blacks,  71,657. 

85  Bertie,  Caswell,  Chowan,  Craven,  Edgecombe,  Franklin,  Granville, 
Greene,  Halifax,  Hertford,  Jones,  Lenoir,  New  Hanover,  Northampton, 
Pasquotank,  Perquimans,  Pitt,  Richmond,  and  Warren  had  negro  majori- 
ties. 


i- 


RECONSTRUCTION   IN   NORTH   CAROLINA.  21 5 

can  be  formed  of  the  number  disqualified  on  account  of  dis- 
abilities imposed  by  the  reconstruction  acts.  The  registration 
of  1868,  when  the  disabilities  did  not  have  the  effect  of  dis- 
franchisement, showed  a  gain  bf  17,220.  But  many  who  were 
qualified  did  not  register  in  1867  and  did  so  in  1868.^^ 

Many  accusations  of  fraud  in  the  registration » were  made, 
but  there  was  no  disturbance  of  any  kind  during  the  whole 
period.     It  is  undoubtedly  true  that  many  negroes  not  of  age 
were  registered.     But  the  difficulty  of  determining  their  age    / 
could  not  be  overcome  feven  had  it  been  desired,  for  in  most  J 
instances  they  themselves   were  as   ignorant  of  the  truth  as^ 
the  registrars.    As  a  general  thing  a  negro  could  register  upon    ^ 
application,   even   if   previously   convicted   of   felony.      There 
was  also  a  tendency  on  the  part  of  the  registrars  in  many 
places  to  deny  registration  to  those  who  they  knew  were  op- 
posed to  reconstruction.     But  it  is  probable,  speaking  gener- 
ally, that  the  registration  was  as  fair  as  could  be  ~e"Xpected 

under  me  "sy5tem:~gmj^y^dr^'"''"^      ^     "'~~^ — :.^ 

As  regards  the  qualification  of  the  new  electorate  for  the 
(^  exercise  of  the  franchise,  the  primary  fact  naturally  was  the 
Mense  ignorance .  among  the  negroes.  Mony  of  them,  more- 
over, were  vicious  and  idle,  but  probably  not  in  so  great  a  pro- 
portion as  during  the  years  immediately  following.  Certainly 
they  were  not  so  vicious.  From  the  nature  of  things  also  they 
were  able  to  bear  a  very  small  part  of  the  burdens  of  citizen- 
ship and  paid  a  very  small  part  of  the  taxes.®^ 

86  Gen.  Canby,  in  1867,  estimated  that  11,686  whites  and  493  blacks 
were  disfranchised  by  the  act  of  Congress.  Also  that  in  1867  there  were 
7,791  whites  and  2,796  blacks  qualified  who  did  not  apply  for  registra- 
tion. The  estimate  was  made  without  any  evidence  to  support  it  and 
is  utterly  valueless. 

87  The  above  was  written  after  discussion  of  the  matter  with  partici- 
pants in  the  election  from  different  parts  of  the  State,  of  different  politi- 
cal belief,  and  white  and  black. 

88  The  Wilmington  Journal  of  November  17,  1867,  had  an  interesting 
comparison  of  the  number  of  negroes  registered  with  those  listed  for  poll 


2l6  RECONSTRUCTION   IN   NORTH   CAROLINA. 


^ 


Only  a  small  number  of  removals  from  office  were  made 
by  General  Canby.  But  his  appointments  in  some  instances 
were  criticized,  and  justly.  For  example,  in  Jones  county  the 
sheriff  was  removed  and  a  Northern  man  appointed,  who  had 
lately  become  a  resident.  No  official  bond  was  required.^® 
The  same  thing  was  done  in  Crayen/^ 

The  civil  courts  had  only  a  nominal  authority,  their  action 
being  subject  to  revision  by  the  military  authorities.  In  con- 
sequence Judge  Fowle  resigned,  being  unwilling  to  enforce 
military  orders  that  were  contrary  to  State  law.  A.  W. 
Tourgee  was  mentioned  as  his  successor,  and  notwithstanding 
the  fact  that  he  had  never  been  licensed  to  practice  law  in 
North  Carolina,  would  have  been  appointed  but  for  the  oppo- 
sition of  Governor  Worth.  The  governor  recommended  and 
secured  the  appointment  of  Colonel  Clinton  A.  Cilley,  who  had 
formerly  been  in  command  at  Salisbury,  had  also  been  agent 
of  the  Freedmen's  Bureau  there,  had  won  great  popularity, 
and  after  leaving  the  army  had  settled  there  and  commenced 
the  practice  of  law.^^ 

A  direct  consequence  probably,  of  the  practical  overthrow  of 

the  civil  courts,  was  an  incj^a§jQjxu.,sXJ^.^,.  of  every  sort.     The 

latter  part  of   1867  showed  the  beginning  of  the  lawlessness 

^which  was  to  culminate  a  few  years  later.     The  sudden^elevar 

( tion  of_the^egroes_toJbe--p€rsitioh  of  voters -di4~4iot^have  a 

tax.  Only  33,000  were  listed  as  compared  with  72,932  registered.  Prob- 
ably one-third  of  those  registered  were  over  forty-five  years  of  age  and, 
consequently,  exempt  from  the  payment  of  poll  tax.  This  left  14,77J 
who  bore  no  part  of  the  expenses  of  government.  In  Cherokee  and  Edge- 
combe counties,  employers  listed  the  negroes,  with  the  result  that  Chero- 
kee showed  more  listed  than  registered,  and  Edgecombe,  after  deduction 
of  the  estimated  one-third  exempt  from  the  listed,  showed  the  two 
classes    equal. 

89  Executive   Letters,    Worth,    Vol.    II,    p.    107. 

eolbid.,    p.    507. 

91  Ibid.,  pp.  55,  70. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  21/ 

\ 

)eac££ul-  effect  on  ■-eitherrace,  and  violence  on  the.part-of  one   \ 
"was   met  with  violence  by^tfie  other.®^     The   most  common    j 
oBence   was,   iUUndWy,   lai  LCllI7r""The   military   tribunals   in—-' 
flicted  punishment  in  a  few  instances,  but  the  State  was  full 
of   wandering   negroes   who   could   not   be   identified   readily. 
In    Orange    county    nine   burglaries    were    committed    within   . 
two  weeks. ®^     Conditions  became  so  bad  in  some  sections  that  u 
General  Canby  authorized  the  formation  of  a  police  force  com-  K 
posed  of  loyal  whites  and  blacks  in  the  ratio  of  registration.     | 
The  mingling  of  the  races  was  net  popular,  and  few  counties  / 
availed  themselves  of  the  opportunity.®* 

The  military  force  in  the  State  was  very  small  during  the  \ 
whole  of   1867.     In  the  autumn  the  posts  were  consolidated 
into  four,  with  headquarters  at  Wilmington,  Raleigh,  Golds- 
boro  and  Wilmington.®^ 

92  The  reports  of  crime  were  pubHshed  in  the  Report  of  the  Secre- 
tary of  War  for  1867,  Ex.  Docs.,  No.  1,  p.  350,  3d  Sess.,  40th  Cong. 
They  show  an  appalling  condition  of  affairs,  but  as  North  Carolina 
and  South  Carolina  were  grouped,  no  separate  figures  for  the  former 
can  be  given. 

93Hillsboro   Recorder,   March  27,    1868. 

94  Sentinet,  January  27,  1868.  Jones,  Craven,  Lenoir,  and  Pitt 
counties    had    such    organizations. 

95  The  following  table  shows  the  number  of  troops  and  where  they 
were  stationed  for  most  of  the  time: 

Place.  Companies. 

Raleigh 1 

Faj^etteville i 1 

Salisbury ;.  .  .  .  1 

Wilmington  , 2 

New  Bern    1 

Charlotte 1 

Morganton   2 

Fort  Macon 1 

Goldsboro 3 

Plymouth 1 

Total   14  53  925 


Officers. 

7 

Men. 

8 

80 

4 

77 

4 

53 

5 

140 

3 

74 

7 

188 

3 

99 

9 

229 

3 

85 

2l8 


RECONSTRUCTION  IN   NORTH   CAROLINA. 


In  general  conditions  were  worse  in  the  State  than  during 

the  administration  of   General   Sickles.     More  dissatisfaction 

\iV  was  expressed  with  the  military  government  and  more  was 

/  ^     felt.     The  workings  of  the  reconstruction  acts  became  increas- 


\ 


-o'. 


t/ 


'felt. 

ingly  unpopular  with  a  majority  of  the  white  people.  Bit- 
terness too  increased,  particularly  after  the  opening  of  the 
campaign  for  the  convention. 

General  Canby's  name  became  associated  m  the  minds  of 
many  with  the  conditions  which  prevailed  during  the  period 
in  which  he  was  in  command,  and  he  was  personally  not  so 
well  liked  as  General  Sickles  had  been.  In  part  this  may 
have  been  due  to  the  fact  that  he  was  of  Southern  birth.  An- 
other cause  was  the  fact  that  he  generally  ignored  the  State 
administration,  and  also  that  he  never  came  into  the  State 
from  the  time  he  assumed  command  until  January,  1868.^® 

4.  State  Politics  and  the  Election  of  i86y. 

As  has  been  noted  previously,^*^*  ajglan^originat^^  the 

minority^  merx^^S:i3t~l\\h  legislature  for  calling  a  convention 

/of  the  pjeopje.     This  was  rendered  unnecessary  by  tlie  passage 

by  Co^gxess .. of  the  supplementary  reconstruction   act.      But 

the  committee  chosen  to  manage  affairs  liad  already  called  a 

meeting  in  Raleigh  and  published  a  list  of  persons  they  wished 

to  attend.     These  were  one  hundred  and  forty  in  number  and 

\  included  the  leaders  of  the  opposition  to  Governor  Worth  in 

\i866.     There  were  also  a  number  of  Northern  radicals  who 

had  settled  in  the  State  and  had  shown  a  disposition  to  take 

m  active  part  in  politics.     The  primary  meeting  which  issued 

[he  call  was  presided  over  by  C  Jv.  Harris.     Its  germ  may  be 

found  in  the  meeting  of  the  previous  September  when  Alfred 

Dockery  was  nominated  for  governor.    The  meeting  instructed 

^r.  Harris,  *'in  the  interests  of  harmony^,"  to  see  the  negroes 


»«  Executive  Letters,  Worth,  Vol.  II,  p.  53. 
»6a  See  p.  202,  preceding. 


( 


(A  i<^e/^ 


RECONSTRUCTION   IN   NORTH   CAROLINA.  2ig 

and  ascertain  their  wishes. ^^  The  determination  which  had 
now  been  reached  by  the  extreme  radicals  was  expressed  by 
Mr.  Holden  in  a  characteristic  editorial.  He  said  on  March 
13th,  "The  people  of  this  State  have  at  length  reached  a  point 
when  they"must"actranxi  restore  the  State  to  the  Union,,  or  incur 
the  hazards. of  anarcfiy^and  civil  war."^ 'The  Union  people  of 
this  State  especially  have  borne  as  miich  and  as  long  as  they 
intend  to  bear.  All  honest,  thoughtful,  decent  citizens  will 
either  unite  with  them  in  the  work  of  restoration  or  retire  and 
remain  quiet.  Trm/n^,y  ^mi/c/  fak^L^ack  seats  and  keep  silent. 
The  loyal  people,  thanks  to  Congress,  are  now  abouFT^Liikir- 
charge  of  public  affairs.  The  issue  is  Union  or  Disunion.  He 
who  is  not  for  the  Uti.ion.deseiv^j^  10  Have  his  property  con- 
fiscateHand  to  suffer  death  by  the  law."  °*  A  week  later  he 
threateiffed  maf  II  Tne  ^ebel"  leaders  took  any  part  in  recon- 
struction they  would  ''pull  down  on  their  own  heads  that  final 
and  irrevocable  ruin  which  they  so  richly  deserz'e.  Is  Governor 
Graham  pardoned?  Is  Governor  Vance  pardoned"^.  Congress 
may  ^ weep  away  all  pardons.  There  are  somejt^;^'//,  swee£^ 
away." 

"  Although  the  original  purpose  of  the  convention  was  made  \ 
unnecessary  by  the  act  of  Congress,  the  call  was  continued  and 
the  meeting  was  held  on   March  27th.     A  large  number  of 
delegates,  white  and  black,  }Vgf  j  present,  representing  iiity-six     , 
counties. 

When  the  question  of  organization  came  up  R.  P.  Dick  sug- 
gested that  the  meeting  should  proceed  to  the  organization  of 
the  Republican  party  in  North  Carolina.  This  had  been  the 
well-known  intention  of  many  of  the  delegates,  and  excited 
no  surprise.  Daniel  R.  Goodloe,  the  only  native  North  Carp- 
linian  r-^-**"*^-"*^^^^  a  rr^Q^rt  clear  9^^  ^fiY  ^^h^rf^nre  to. the 
Confederacy  or  to  sec^^ci^f    ^r^^  whn  tiaH  j^een  ^  Republican 

97  Mr.  Harris  had  been,  a  short  time  before,  probably  the  most  deter- 
mined opponent  of  the  admission  of  negro  testimony. 

98  Standard,  March  13,  1867. 


IpM/ 


o_n 


-V 


\. 


220  RECONSTRUCTION   IN   NORTH   CAROLINA. 

since  the  organization  of  the  party,  opposed  this  on  the  ground 
that  it  would  prevent  the  co-operation  of  many  desirable  per- 
sons, if  a  name  should  be  adopted  which  had  previously  been 
so  odious  to  the  Southern  people  generally,  "and,"  he  added, 
"to  the  great  majority  of  your  convention."  B.,,S.  Hedrick 
also  opposed  it  and  suggested  that  "The  Union  Party"  should 
be  the  name  adopted.  Both  of  these  opposed  any  permanent 
organization  at  the  time.  But  the  sentiment  of  the„canvention 
was  overwhelmingly  in  favor  of  identification  with  the  Re- 
publican party,  and  the  name  was  adopted. 

In  a  spectacular  way  the  colored  delegates  were  given  a 
prominent  place  in  the  convention.  The  proceedings  were 
opened  with  prayer  by  a  colored  minister,  and  upon  organiza- 
tion the  president  was  escorted  to  the  chair  by  a  white  dele- 
gate on  one  side  and  a  colored  delegate  on  the  other.  The 
negroes  made  a  great  many  speeches,  but  took  little  part  in  the 
debates.  Most  of  the  white  speakers  expressed  delight  at  the 
advancement  of  the  negroes  to  the  right  of  suffrage  The  New 
York  Tribune  said  that  the  convention  showed  that  the  "loyal" 
white  people  were  willing  to  "unite  with  the  colored  men  on 
terms  of  absolute  equality."  ^^  Whether  this  was  true  or  not, 
it  cannot  be  denied  that  such  seemed  the  case. 
,  Resolutions  were  adopted  by  the  convention  declaring  the 
full  agreement  of  the  delegates  with  Republican  doctrine,  and 
arrangements  were  made  for  a  State  organization. ^^'^ 

As  was  to  be  expected,  the  convention  received  its  full  share 
of   abuse.     Its  members_wa^e__giyej^^  that^vere..iiar.dl^- 

relished  by  them,  such  as  "Holdenites"  and  "HoJ.dea.™4ixis5- 
cegeagtionists.."^  The  claim  of  the  newly  organized  party  to 
a  monopoly  of  loyalty  seemed  worse  than  absurd  to  the  Con- 
servatives, and  the  leaders  of  the  party  were  all  distrusted  by 
their  opponents  on  account  of  their  former  records.  Nor 
was  the  name  of  the  party  more  popular  in  North  Carolina 

99  Quoted  in  Standard,  April  10,  1867. 

100  Ibid.,  April  3,  18G7. 


nr^V 


RECONSTRUCTION   IN   NORTH   CAROLINA.  a    /  ^21 

than  in  the  other  Southern  States.  In-  this  expressed  dislike 
of  the  RepubHcan  party  the  former  Whigs  were  leaders.  The 
I^^^f^sTjv^!^^ 

party,  were  not  at  all  prominent  in  political  affairs  just  now. 
As  has  been  seen  the  State  administration  was  in  the  hands 
of  former  Whigs  who  had  opposed  secession  until  the  call  for 
troops,  and  some  like  Jonathan  Worth  and  Josiah  Turner, 
until  the  passage  of  the  secession  ordinance.  Those  who  had 
favored  secession  were  in  almost  every  instance  in  political 
retirement.  With  most  of  them  this  retirement  was  voluntary. 
They  were  fully  conscious  of  defeat  and  ready  to  accept  the/ 
decision  and  final  settlement  of  the  questions  involved  in  the 
late  struggle,  and  they  did  not  care  at  this  time  to  take  any 
active  part  in  politics.  Most  of  them  were  convinced  that 
things  were  in  general  out  of  joint,  and  their  most  acute  sensa- 
tion was  one  of  regret  at  the  failure  of  the  Confederate  cause. 
To  arouse  them  from  this  condition  of  mind  a  change  of 
conditions  was  necessary.  This  was  accomplished  by  the  en- 
forcement of  the  reconstruction  acts.  In  1865  and  later  the 
Democratic  party  seemed  dead  forever  in  North  Carolina,  but 
the  organization  of  the  Republican  party  in  the  State  under 
the  leadership  of  W.  W.  Holden,  R.  P.  Dick  and  Thomas  Set- 
tle, three  former  Democrats,  began  its  resuscitation. 

The  first  manifestations  of  feeling  were  directed  against  the 
men  composing  the  Republican  party.     There  was  no  organ- 
ized opposition  as  yet,  and  there  was  „no.  prospect jot^ai^^ 
sition  of  irhportance  to  the  reconstruction  acts.^^^    Mr.  Holden, 

101  The  Sentinel'  of  April  27,  1867,  expressed  very  well  the  feeling 
of  a  great  many:  "Again  we  urge  our  readiness  to  unite  our  people 
upon  the  one  simple  platform  of  the  Congress.  We  argue  that  only 
those  shall  vote  in  North  Carolina  whom  Congress  says  shall  vote.  We 
agree  that  only  those  shall  hold  office  whom  the  Congress  says  shall 
hold  office.  We  agree  that  those  disabilities  shall  exist  as  long  as 
Congress  says  they  shall,  but  no  longer.  This  is  the  law.  Is  this  not 
Republican?     Is  this   not  Radical   enough?" 


r> 


^fi 


I 


\^ 


222  RECONSTRUCTION  IN  NORTH  CAROI^INA. 

naturally,  was  the  favored  object  of  attack,  particularly  of  the 
SefiB^P^-  Todie  attacks  oFTHirpaper  Mr.  Holden  responded, 
''Every  Fine  6f  his  (Mr.  Pell's)  paper  containing  treasonable 
sent\^ments  is  equal  to  an  acre  of  land." 

The^  oj:ga  nisg- tion  of  theRe2ublicai:i...pad;j^_w.^s,^  carried  on^^ 
in  every  county.    A  Tealu're  of  it  was  the  revival  of  secret  po-^ 
liticaTs^cirtres.    The  Heroes  of  America  and  the  Union  Leagued 
were  largely  extended  in  membership,  the  latter  being  particu- • 
larly  valuable  to  the  party  in  the  organization  of  the  negroes. 
It  more  than  anything  else  made  the  efforts  to  divide  the  negro 
vote  an  utter  failure.     Such  an  attempt  was  made  in  Raleigh| 
by  the  calling  of  a  colored  mass  meeting,  at  which  Governor; 
Worth  and  several  other  Conservatives  were  asked  to  speak,  i 
But  apparently  it  made  no  impression  upon  the  negroes.     As| 
/a  matter  of  fact  there  was  no  general  disposition  evident  among 
I  the  Con^rvatives  to  form  an;^  aTIianc^"irith-4he- Jiegroes . 

Another'~"mearlTTfiiployed  to  assist"~TirTrrgafl-kiftg^tli.e  party 
was  a  succession  of  visits  to  the  State  by  leaders  of  the  na- 
tional_ Republican. party.  Senator  Wilson  and  Hon.  W.  D. 
Kelly  were  among  those  who  spoke  at  different  places  in  the 
State. 

The  failure  of  General  Sickles  to  abolish  the  existing  State 
goverQiment  wassTsotlice  of"Ct3nstant  anno}'ance  to  the  radical 
l,eaders.  Consequently,  when  Congress  met  in  July,  a  com- 
mittee from  the  State  was  sent  to  Washington,  headed  by 
James  H.  Harris,  who  had  become  the  political  leader  of  the 
y^]  freedmen,  to  petition  that  the  existing  State  administration 
might  be  removed,  and,  afso,  that  Mr.  Holden  might  be  re- 
lieved from  his  disabilities.^^^  But  their  efforts  were  unsuc- 
-     cessful. 

As  the  summer  advanced  a  division  in  sentiment  appeared 

r  among  the  Republicans.     The  radical  element  had  a  decided 
leaning  towards  confiscation,  and  were,  in  general,  inclined  to 

102  Philadelphia  Press,  July  11,  1867;   Standard,  July  24,  1867. 


1 


Spfih^  /%^^^ 


RECONSTRUCTION   IN   NORTH  CAROI.INA.  223 

be  proscriptiye.  Mr.  Holden  favored  a  test  oath  which  would 
disfranchise  many  of  the  opponents  of  the  RepubHcan  party.^'^^ 
This  kind  of  thing  was  persistently  urged  upon  the  colored 
people.  Daniel  R.  Goodloe,  who  had  begun  the  publication 
of  a  newspaper  in  kaieigh/-*  was  foremost  in  opposition  to 
this  policy.  His  advice  was  always  towards  moderation.  He 
said,  'Xisten  to  no  man  who  whispers  the  word  confiscation 
in  your  ears  or  disfranchisement,  or  injury  in  any  form  to 
your  law-abiding  white  neighbors."  He  warned  them  that  the 
result  of  confiscation  would  be  general  ruin  to  black  and  white 
alike,  and  advised  them  to  be  suspicious  of  anyone  leading 
them  by  promises  of  the  kind.  "AsW  tV^pm,"  s^jH  he,  "how^ 
long  they  have  been  champions  of  your  rights.  In  ninety-.^ 
nine  cases  out  of  a  hundred  you  will  find  that  such  men  would 
have  sold  you  to  the  sugar  and  cotton  planters  of  the  far  South 
at  ariy  time  before  you  were  set  free."^**'^^'^'^^^^^^  '  •' 

The  question  came  up  more  definitely  at  the  Republican 
State  convention  which  was  held  in  September  in  Raleigh.^^^N 
Over  seventy  counties  were  represented,  the  negro  delegates 
predominating.  In  fact  the,  convention  was  largely  controlled 
by  the  negroes  led  by  the  Northern  men  present.  This  was 
shown  by  the  debate  on  the  election  of  a  permanent  president. 
General  Abbott  was  nominated,  and  the  nomination  was  op- 
posed  by  General  Laflin,  who  stated  that  it  was  bad  policy  to 
put  Northern  men  in  the  important  positions.  General  Abbott's 
organization,  however,  was  too  strong  for  the  opposition  and 
he  was  chosen,  the  colored  delegates  deciding,  after  a  consulta- 
tion among  themselves,  in  his  favor^,.jLlld*~a§^.ajg>eacs,,^^ 
to  the  native  whites,  electing  MrTfiolden  chairman  of  the  State 


103  standard,  March  20,  1867. 

104  The  Union  Register. 

105  Letter  to  Republican  meeting,  July  17,   1867.     Roister,  July  30, 
1867. 

106  The  account  of  the  convention  is  gathered  from  the  Standard,  Sep- 
tember 11,  1867,  and  the  Register,  September  6  and  13,   1867. 


c^\  m^hfl^ 


M 


\ 


224  RECONSTRUCTION   IN   NORTH   CAROLINA. 

executive  committee.  Alfred  Dockery  had  been  led  to  believe 
that  he  would  be  chosen  to  preside  and  had  come  prepared, 
but  to  his  great  disgust  was  never  mentioned  during  the  dis- 
cussion in  connection  with  the  position.  The  resolutions 
passed  at  the  March  convention  were  chosen  as  a  platform. 
Additional  resolutions  were  then  introduced  opposing  confis- 
cation  and  favoring  unlimited   suffrage  and  the  removal  of 

(fis^jlities  from all  '''loyar^^"lnenr^The  "fesolution  regarding 

confiscation  bfouglil" on  a  sharp  debate.  The  majority  of  the 
colored  men  present^^^  and  quite  a  number  of  the  whites  were 
too  favorable  to  the  idea  of  confiscation  fO"^U  6n''record 
against  it,  and  a  substitute  for  the  resolution,  expressing  wil- 
lingness to  abide  by  the  action  of  Congress  in  the  matter,  was 
adopted.  The  other  resolutions  were  then  tabled.  There  was 
evidently  a  strong  disinclination  on  the  part  of  those  in  control 
to  advising  a  removal  of  disabilities,  even  of  those  who  were 
acting  with  the  Republican  party.  In  fact  there  were  a  num- 
ber of  the  Northern  men  present  who  felt  that  their  chances 
of  political  success  would  be  greatly  lessened  if  there  should 
be  any  general  removal  of  disabilities.  Theirj)oliticaLan^t4on 
explains  the  failure  to  pass  any  resolutionlfor  the  relief  of  the 
*'loyal.^^  Hatred  of  polifirar'oppdriehfs  caused  grSWtefCess 
of  expression.-  One  delegate,^*^  in  reply  toW  conciliatory  speech 
made  by  James  H.  Harris,  said,  ''They  should  be  taught  that 
treason  should  be  made  odious.  Their  children  ought  to  be 
forced  to  say,  'My  father  was  disfrancl^ised  on  the  ground 
of  endeavoring  to  destroy  the  best  govef-nment  that  ever  the 
sun  of  high  Heaven  looked  down  upon.'  "     The  whole  tone 

107  A.  H.  Galloway,  a  negro  delegate  from  New  Hanover,  opposed  con- 
fiscation, but  desired  owners  of  large  estates  taxed  a  dollar  an  acre,  so 
that  the  land  might  be  sold  by  the  sheriffs  and  an  opportunity  given 
the  negroes  to  buy  land. 

108  w.  F.  Henderson.  He  was  indicted  a  few  weeks  later  for  stealing 
a  horse  or   muIeT    Mr.   Goodloe,   in   commenting   upon   this,    said:   "A 

^revolutionary  period  like  the  present  is  particularly  favorable  to  that 


.  RKCONSTRUCTION   IN   NORTH   CAROLINA.  225 

of  the  convention  was  proscriptive.     ^^""n  IJlrrf  Mr    ^^-ftdlfliffj 
who  desired  harmony  in  the  State,  dissented  very  vigorously 
from  the  sentiments  expressed,  and  pointed  out  that  Httle  sym-     Cs>ie?5i*^ 
pathy  could  be  expected  from  those  who  had  not  yet  joined  the      ^/, 
party.     As  a._matter  of  Jact  the,  leaders  of  the^arty  did  not 
desire^4he_f6rxner  political  leaders  of  the  State  to  join.-th&» 
party,  knowing  that  it  would  interfere  with  their  own  plans. 
Mr.  Goodloe  declared  that  the  action  of  the  convention  would 
utterly  alienate  the  races  from  each  other,  and  indicated  the 
sentiment  of  the  convention  and   its   supporters   to  Fe   "that""^ 
white'men  had  no  rights  which  black  men  are  bound  to  re- 
sp^t."  ^"^'^     The  ratification  meetings,  which  followed  all  over/ 
the  State,  emphatically  opposed  this  tendency  of  the  conven- 
tion, and  Mr.  Holden  saw  that  he  and  his  followers  had  beei 
too  hasty  and  employed  a  good  deal  of  space  in  several  issues 
of  his  paper  in  attempting  to  prove  that  there  was  no  desire! 
on  his  part  for  confiscation. ^^^     But  he  soon  returned  to  hjg 
threatening  attitude,  and  in  speaking  o^  tiie  possibility  of  a  con- 
servallYe  itrajtffft^  in  the  convention,  he  said  that  dire  penalties 
would  result  from  it,  and  closed  with  the  following  statement :      '^      '^ 
^he  man  who  gets  in  the  way  in  this  crisis  of  restoring  the  ^l^^t^ 
Union  according  to  the  will  of  the jiation  should  not  only  lose        f' 
the  la^t  acre  of  land  he  has,    but   he   deserves   <ieatlri5y  the   fOlc^^^ 

A  plan  of  rpntrali^M  nrp-aT^^yaHnn  was  adopted  by  the  con-         '  / 
vention.     Mr.'uoodloe  declared  that  this  was  intended  to  con-        a*^**! 
trol  the  vote  of  the  negroes  in  the  interest  of  scheming  whites — 
"to  parcel  out  the  offices  among  the  Rin^  men''— and  refused 
to  acknowledge  it  as  binding.^^^     He  then  called  for  a  new 

sort  of  patriotism  which  Dr.  Johnson  declared  to  be  the  resort  of  a 
scoundrel." — Register,  October  11,  1867.  The  indictment  failed,  but 
was  destined  to  serve  a  purpose  for  his  opponents  later. 

109  Register,  October  18,  1867. 

110  Standard,  September  19,  et  seq. 

111  Ibid.,  September  21,  1867. 

112  Register,  September  13,  1867. 

15 


26  RECONSTRUCTION  IN   NORTH  CAROLINA. 

organization  of  the  party,  declaring  the  other  ''a  preposterous 
A  w  abortion."  ^^^     Mr.  Holden  immediately  "read  him  out"  of  the 

^'  party.    Mr.  Goodloe  retorted  with  considerable  force,  express- 

ing a  doubt  as  to  the  power  of  Mr.  Holden  in  the  matter.^^* 
Finally  the  executive  committee  met  and  passed  a  set  of  reso- 
lutions denying  any  desire  for  confiscation.     In  the  meantime 
^'\      an  address  to  the  people  was  prepared  by  John  Pool,  setting 
r^  forth  the  conservative  Republican  doctrine.    '  WitTTJO^Z'view 

^  ^)/  men  of  the.Iiype_qf^_R.  P.    Dick    and    Charles  R.    Thomas 

^3      .agreed/- 
^  M^  ^  Asmay  be  supposed,  these  disagreements  in  the  new  party 
O^  were  watched   with   delight  by   its   opponents.     As   has   been 

I    \r ^f^  seen  a  feeble,  half-hearted  attempt  was  made  by  some  of  them 
^   H!^ V^        to  divide  the  negro  vote.     This  was  largely  the  work  of  the 
Sentinel,  which  was  still  in  favor  of  voting  for  a  convention. 
But  this  action  was  unpopular  and  the  position  of  the  conserva- 
tives was  finally  taken — to  make  the  fight  on  the  question  of 
1^  negro  suffrage,  declaring  their  unqualified  opposition  to  it  and 

denying  the  constitutionality  of  the  whole  reconstruction  policy 
of  Congress.     This^d^ddoiL^was Jargelj  duejo  the  advice  of 
Ik'  Williarn^A.  Graljam. 

^  A  call  for  a  State  Conservative  convention  was  issued  by  the 

Sentinel   and   later  by  over   one   hundred   citizens   of   Wake 

Qgunty,  and  in  the  latter  part  of  September  it  met  in  Raleigh. 

,AA.v  The  meeting  did  nothing  beyond  passing  resolutions  denounc- 

-^W  ing  the  action  and  proscriptive  tendency  of  the  Republican 

113  Registeif,  September  24,  1867. 

114  Mr.  Go6dloe  said:  "Seriously  we  would  respectfully  suggest  to 
Mr.  Holden  the  propriety  of  his  getting  inside  the  Republican  party, 
before  he  attempts  to  read  out  of  it  men  who  were  of  it  and  with  it 
when  it  was  founded.  If  he  were  not  a  disfranchised  rebel,  he  would 
be  but  a  probationer  of  less  than  six  months  standing;  and  his  efforts 
to  put  us  out,  who,  in  our  humble  way,  assisted  in  organizing  one  of 
the  first  Republican  organizations  in  the  United  States,  may  seem  to 
some  people  immodest,  not  to  say  impudent." — Register,  September  20, 
1867.  115  Register,  October  1  and  22,  1867. 


# 


re:construction  in  north  carouna.  227 

convention.  Many  of  the  Conservatives,  including  Governor 
Worth,  were  opposed  to  any  orgamHHon.  The  fact  is,  they 
were  so  utterly  discouraged  and  disorganized  that  it  seemed 
impossible  to  reach  any  settled  policy.  Governor  Worth  had 
issued  an  address  to  the  people  urging  them  to  register  and 
vote,  but  no  advice  had  been  given  as  to  how  they  should 
vote.  Another  Conservative  meeting  was  called,  and  several 
prominent  men  were  invited  to  attend  and  speak.  William  A. 
Graham  wrote  a  letter  to  this  meeting,  in  which,  after  express- 
ing his  unqualified  opposition  to  any  recognition  of  the  right 
of  the  negroes  to  vote,  he  advised  the  Conservatives  to  vote 
against  a  convention.^^®  B.  F.  Moore,  although  denying  the 
constitutionality  of  the  reconstruction  acts,  wrote  the  meeting 
that  he  would  take  no  part  in  it  as  he  favored  a  convention. 
No  definite  action  was  taken  by  the  meeting  on  the  question 
of  negro  suflfrage,  but  the  position  of  the  Conservatives  was 
settled  from  this  time  on.  The  Sentinej  gtjll  persisted  thqt  it 
did  not  faYOF^a^white  man's  party,  but  in  this  respect  its  influ- 

As  will  be  remembered,  the  supplementary  reconstruction  act 
required  that  a  majority  of  those  registered  had  to  take  part 
in  the  election  to  make  it  valid.     Despairing  of  a  majority  of 
the  vote  cast,  a  plan  was  now  devised  by  the  Conservatives  in 
several  of  the  Southern  States  for  accomplishing  the  defeat  of    / 
the  convention.    All  Conservatives  were  urged  to  register  and  / 
vote  for  delegates  for  a  convention,  but  to  cast  no  vote  on  the  / 
queston  of  holding  a  convention.     But  General  Canby  defeated/ 
this  project  by  an  order  to  the  effect  that  no  votes  for  delegate^ 
should  be  counted  unless  accompanied  by  a  vote  on  the  conven-| 
tion  question. ^^^     Conservative  candidates  were  nominated  in' 
almost  every  county,  but  their  canvass  was  listless. 

The  election  was  held  November  19th  and  20th.    The  result 
was  as  follows : 

116  Sentinel,  October  16,  1867. 

117  Wilmington  Journal,  November  15,  1867. 


c 


228  RECONSTRUCTION  IN  NORTH  CAROI.INA. 

Registered   voters i79j653 

Votes  cast 125,967 

For    convention 93,oo6 

Against  convention ! 32,961 

Not   voting 53,686 

Only  two  counties.  Orange  and  Currituck,  had  a  majority 
opposed  to  a  convention.  ^'~TtrerTO're'"'fOT'^ convention  was  not 
only  a  majority  of  the  votes  cast,  but  also  a  majority  of  the 
registered  voters.  Those  who  failed  to  vote  were  for  the  most 
part  white,,  very  few  of  the  negroes  failing  to  exercise  the 
privilege.^^^ 

By  the  failure  of  the  Conservatrve  voters  to  exercise  their 
right  the  RepubHcans  obtained  an  enoriTrousmajorty  in  the 
corL¥:ention.  No  explanation  can  be  given  of  this  failure  to 
vote  beyond  the  widespread  feeling  that  it  was  useless  to 
resist  Congress  and  that,  consequently,  it  would  be  without 
profit  to  gain  a  majority  in  the  convention. 

Numerous  accusations  of  fraud  were  made  by  the  Conserva- 
tives, but,  as  there  was  no  hope  of  redress,  were  not  pressed. 
That  fraud  existed  is  known,  but  to  what  extent  is  impossible 
to  ascertain. ^^^  In  one  instance  at  least  and  probably  in  more 
a  candidate  for  the  convention  was  also  an  election  official. ^^^ 
The  day  of  the  election  the  Sentinel  took  the  position  that  a 
hite  man's  party  was  necessary,  and  with  this  declaration  as 
platform  the  Conservatives  rallied  for  the  remainder  of  the 
period  of  reconstruction. 

118  General  Canby,  by  means  of  an  estimate,  proved  to  his  own  satis- 
faction that  11,210  registered  negroes  failed  to  vote.  Apart  from  any 
question  of  the  accuracy,  in  general,  of  estimates  made  by  proportion, 
it  is  a  known  fact  that  the  figures  could  not  be  correct. 

119  The  writer  has  been  informed  by  a  Republican,  prominent  at  the 
time,  that  fraud  was  practiced  generally.  In  Rockingham  County  the 
polling  places  were  changed  on  the  Saturday  night  preceding  the  elec- 
tion and  no  public  notice  was  given.  In  this  way  many  white  voters 
were  prevented  from  voting. — Sentinel,  November  23,  1867. 

120  Gen.  Byron  Lafiin  in  Pitt  County. 


RECONSTRUCTION   IN   NORTH  CAROLINA.  229 

CHAPTER  VI. 

THE  CONVENTION   OF    1 868  AND  ITS  WORK. 

I.  The  Convention  of  1868. 

At  the  call  of  General  Canby  the  convention  met  in  Raleigh 
on  January  14,  1868.  The  Republicans  had  a  majority  of 
ninety-four,  the  Conservatives  havmfy  elected  only  thirteen^ 
delegates.  Of  the  one  hundred  and  seven  Republicans  sixteen  W 
{  were  "carpetbaggers"  and  thirtefirf  W^t^  negroes,  -  Many  of  '^ 
NheT  ''carpetbagger^,^*  "br  "squatters/'  as  they  were  called  in 
North  Carolina,  had  formerly  DeeiT  officers  in  the  Union  army. 
The  more  prominent  of  them  were  General  Joseph  C.  Abbott, 
a  native  of  New  Hampshire  and  formerly  an  editor  and  law- 
yer ;  Lieutenant  Albion  W.  Tourgee,  a  native  of  Ohio,  a  gradu- 
ate of  Rochester  University  and  a  former  officer  uf  the  105th 
Ohio  volunteers ;  General  Byron  Laflin,  a  native  of  Massachu- 
setts, formerly  colonel  of  the  34th  New  York  Infantry,  and 
Major  H.  L.  Grant,  of  the  6th  Connecticut  volunteers^  and  a 
native  of  Rhode  Island.  Of  the  other  "carpetbaggers"  David 
Heaton  had  been  a  special  agent  of  the  Treasur-y  Department 
and  had  settled  in  New  Bern ;  G.  W.  Welker  was  a  native  of 
Pennsylvania  who  had  come  tor<}uilford  county  before  the  war 
as  a  minister;  S.  S.  Ashley  was  a  native  of  Massachusetts  and 
a  minister,  little  else  being  known  of  his  antecedents;^  John 
R.  French  was  a  native  of  New  Hampshire  who  had  been  a 
newspaper  editor  and  twice  a  member  of  the  Ohio  House  of 

1  He  was  a  paymaster  in  the  volunteer  army  in  the  late  war  with 
Spain. 

2  The  Sentinel  constantly  asserted  that  Ashley  was  of  negro  blood, 
and  quoted  as  proof  an  account  in  the  New  York  Observer  of  the  pro- 
ceedings of  the  American  Missionary  Association,  which  so  classed  him. 
Sentinel,  May  28,  1868. 


C^Ofc    uv^k/iow/i 


RECONSTRUCTION   IN   NORTH   CAROI.INA. 

Representatives.     He  had  come  to  North  Carolina  as  a  direct 
tax  commissioner.^ 

Of  the  white  native  North  Carolinians  in  the  convention  none 

had  been  previously  of  any  prominence  in  the  State,  few  being 

known  at  all  outside  their  own  counties.    W.  B.  Rodman  had 

been  known  as  an  able  lawyer  and  as  an  earnest  advocate  of 

secession.     He,  with  CalyinJ,,,J^wles  and  T.  M.  Turner,  was 

disfranchised  under  the  reconstruction  acts,  but  the  fact  that 

they  were  Radicals  prevented  any  action  being  taken  to  unseat 

!    tbem. 

//   Several  of  the  colored  delegates  were,  comparatively  speak- 

H^g,  men  of  considerable  ability.     James   H.   Harris  was  an 

;  prator  of  great  power  and  had  a  fair  education.     With  J.  W. 

Vtetpod  and  A.  H.  Galloway  he  shared  the  leadership  of  the 

colored  members.* 

None  of  the  Conservatives  were  men  of  political  promi- 
nence. The  two  who  at  once  took  the  most  prominent  part 
in  the  debates  of  the  convention  were  CapiaisP]^to  Durham 
and  Major  John  W.  Graham,  both  ex-Confederate  soldiers' and 
men  of  education.^ 

Temporary  organization  was  effected  the  first  day.  The 
next  day  permanent  organization  was  completed  by  the  election 
of  officers.  Calvin  J.  Cowles  v/as  chosen  president.  The  fact 
of  his  disabilities  was  igfrGred'at'thie'time,  but  later  in  the  ses- 
sion a  committee  was  appointed  to  examine  and  make  a  report 
in  regard  to  the  validity  of  his  signature,  as  he  was  not  a  regis- 
tered voter.  The  committee  presented  an  elaborate  report, 
which  declared  that  the  general  commanding  was  the  judge 
of  the  qualifications  and  election  of  members.®     The  conven- 

3  The  other  "squatters"  were  Edwin  Legg,  W.  A.  Mann,  D.  J.  Rich, 

A.  W.  Fisher,  W.  H.  S.  Sweet,  F.  F.  French,  J.  H.  Renfrew,  and  D.  D. 

Colgrove.     The  four  first  mentioned  had  been  Union  soldiers. 

/     4  The  other  colored  members  were  Wilson  Carey,  John  Hyman,  J.  H. 

/    Williamson,  Henry  Eppes,   J.  J.   Hays,   H.   C.   Cherry,  P.   D.   Robbins, 

\Bryant  Lee,  C.  D.  Pierson,  and  Cuffee  Mayo. 

5  The  latter,  who  was  a  son  of  William  A.  Graham,  had  been,  before 
the  war,  an  instructor  in  the  University  of  North  Carolina. 

6  Journal,  p.  400. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  23 1 

tion  had  already  decided  that  Cowles  should  occupy  the  chair 
for  the  rest  of  the  session,  regardless  of  the  finding  of  the 
committee.'^  The  convention  was  thus  inconsistent,  for  it  sum- 
marily declared  unseated  two  Conservative  members  whom 
General  Canby  had  declared  elected,  and  neither  of  them  was 
summoned  before  the  committee  before  the  resolution  declar- 
ing their  seats  vacant  was  introduced.®  The  election  of  Mr. 
Cowles  caused  general  surprise  in  the  State,  as  it  was  supposed 
that  General  Abbott  and  Mr.  Heaton  desired  the  position  and 
that  one  of  them  would  be  elected.  Each  was  ambitious,  but 
probably  each  concluded  that  more  reputation  and  influence 
could  be  gained  on  the  floor  of  the  convention  than  as  its 
presiding  officer.  Mr  XJowks-^as^a  man  of  mediocre^  atjiifty 
and  attainments  and  was -thoroughly  under  the  control.oi..the 
''carpetba:gger5r*^^^^^¥h^r'^ttppoFt,-€ombiHed  with'  The~  fact  that 
he  was  a  ctdsr  connection  fa3r marriage  of  Mr.  Holden,  procured 
his  election. 

An  effort  was  made  immediately  after  organization  to  secure 
the  passage  of  a  resolution  declaring  that  the  convention  would 
not  consider  any  legislative  proposition  until  a  constitution  had 
been  adopted.  This  met  with  little  approval  and  was  referred 
to  a  committee  and  there  suppressed. 

On  the  third  day  action  was  taken  in  regard  to  criticism  of 
the  convention  by  the  newspapers  and  their  derisive  comments 
upon  it.  The  day  the  convention  met  the  Sentinel  had  voiced 
the  sentiment  of  the  majority  of  the  white  people  of  the  State, 
saying,  in  part : 

"THE  CONVENTION   (SO  CALLED.) 

"The  pillars  of  the  Capitol  should  be  hung  in  mourning  to- 
day for  the  murdered  sovereignty  of  North  Carolina.  In  the 
hall  where  have  been  collected,  in  days  gone  by,  the  wisdom, 

7  Journal,  p.  372. 

8  These  Avere  Messrs.  Williams  of  Sampson  and  Marler. — Journal,  p. 
314. 


^. 


// 


232  RE^CONSTRUCTION   IN   NORTH   CAROLINA. 

the  patriotism,  the  virtue  of  the  State,  there  assembles  this 
morning  a  body  convened  by  an  order  of  Congress,  in  violation 
of  the  Constitution  of  the  United  States,  and  in  utter  disregard 
of  the  constitution  of  North  Carolina,   a  body  which,  in  no 
sense  as  a  whole,  represents  the  true  people  of  the  State,  which 
has  not  been  elected  according  to  our  laws  nor  chosen  by  those 
to  whom  those  laws  have  committed  the  right  of  suffrage.    In 
the  seats  which  have  been  filled  by  some  of  the  best  and  truest 
sons  of  North  Carolina  will  be  found  a  number  of  negroes,  a 
still  larger  number  of  men  who  have  no  interests  or  sentiments 
I'  jT     in  common  with  our  people  but  who  were  left  in  our  midst  by 
W^i     the  receding  tide  of  war,  and  yet  others  who  have^  proven  false 
^*      to  their  mother  and  leagued  with  her  enemies."  i 

The  other  Conservative  papers  at  once  too^  up  the  nick- 
name ''So  Called"  and  it  was  used  during  the  whole  session 
whenever  the  convention  was  mentioned.  In  addition  the 
Sentinel^  in  reporting  the  proceedings  of  the  body,  designated 
the  colored  members  by  placing  "negro"  after  their  names. 
This  caused  much  indignation  in  the  convention,®  and  Mr. 
Abbott  offered  a  resolution  excluding  from  the  hall  of  the 
convention  the  reporters  of  papers  which  treated  the  conven- 
tion or  its  members  with  disrespect.  After  a  heated  debate  the 
resolution  was  passed,  several  of  the  moderate  Republicans 
present  voting  with  the  Conservatives  against  it.  The  Con- 
servative delegates  then  entered  a  formal  protest.  This  was 
objected  to  and  consequently  was  not  received  at  the  time. 
Later,  however,  the  President  decided  to  allow  it  to  be  entered 
upon  the  journal.  By  the  resolution  it  was  left  to  the  president 
to  decide  what  reporters  should  be  excluded.  For  some  time 
no  one  was  refused  admittance,  but  finally  the  reporter  of  the 
North  Carolinian  was  expelled  from  the  hall  for  the  language 

»  J.  W.  Hood,  a  negro  delegate,  in  protesting  against  the  language  of 
the  Sentinel,  said  that  there  was  not  a  negro  in  ijie  convention. 


-P      .  3^^^ 


RECONSTRUCTION  IN   NORTH   CAROLINA.  233 

of  his  report  of  the  proceedings,  which,  he  avowed,  was  in- 
tended to  be  insulting,  if  it  were  possible.^^ 

The  Conservatives  reahzed  fully  their  utter  helplessness,  and 
decided  to  act  in  such  a  way  as  to  make  the  policy  of  the  radi-  - 
cals  stand  out  clearly.     Throughout  the  entire  session,  led  by  , 
Durham,  Graham  and  Hodnett,^^  they  were  a  constant  source  -^ 
of  annoyance  and  trouble  to  the  Republicans. 

The  convention,  according  to  precedent,  had  very  few  offices  .- 
within  its  gift,  and  strange  to  say  created  comparatively  few.^^ 
The  most  useless,  probably,  was  that  of  sergeant-at-arms. 
This  was  created  to  satisfy  the  claim  of  rnlnrH  ^  ^  ^""kj  ? 
former  Union  soldier,  who  had  been  very  active  in  the  organi- 
zation of  the  Republican  party  in  the  State.  A  reporter  was 
also  elected  to  make  a  place  for  another  faithful  party- worker.^^ 
The  idea  of  official  reports  of  the  debates  also  appealed  to  some 
of  the  delegates.^* 

10  Journal,  p.  97.  The  language  was  as  follows:  "The  performance 
b^an  at  the  usual  time."  The  word  "n^ro"  was,  also,  prefixed  to  the 
names  of  the  colored  delegates. 

11  Mr.  Hodnett  was  elected  as  an  independent  candidate  and  was 
supposed  to  be  a  moderate  Republican.  But  he  soon  became  disgusted 
with  the  radicals  and  acted  throughout  with  the  Conservatives. 

12  So  far  as  can  be  ascertained  by  the  writer,  the  following  is  the 
list  of  the  employees  of  the  convention:  1  reporter  at  $8  per  day;  1 
secretary  at  $8;  1  assistant  secretary  at  $4;  1  engrossing  clerk  at  $6; 
5  clerks  at  $4  each ;  2  doorkeepers  at  $2  each ;  1  sergeant-at-arms  at  $8 ; 
and  3  servants  at  $2  each.  Mr.  Ashley,  early  in  the  session,  introduced 
a  resolution  providing  that  the  term  '^servitors"  should  be  substituted 
for  employees  as  more  respectful.  This  was  evidently  designed  to  win 
favor  with  the  negroes. 

13  Joseph  W.  Holden,  the  junior  editor  of  the  Standard  and  the  son 
of  W.  W.  Holden,  was  chosen.  He  was  already  the  reporter  of  the 
debates  for  the  Standard.  The  reports  were  never  published  in  book 
form. 

14  Wilson  Carey,  a  colored  delegate,  said  he  favored  the  publication 
of  the  debates,  as  he  intended  to  "expatiate"  to  the  convention  and 
wanted  his  words  recorded  in  the  "archives  of  gravity." 


234  RECONSTRUCTION   IN    NORTH   CAROLINA. 

The  convention  by  comparison  with  all  previous  public  as- 
semblies in  North  Carolina  was  exceedingly  expensive  and  ex- 
travagant. The  per  diem  of  members  was  set  at  $8,  with 
twenty  cents  mileage  each  way.  This  was  a  compromise  be- 
tween the  views  of  General  Abbott,  who  wished  it  to  be  $io, 
and  quite  a  number  of  others  who,  considering  the  condition 
of  the  State  finances,  wished  something  very  low.  Attempts 
were  made  by  several  members  at  different  times  to  have  a 
limit  set  to  the  number  of  days  for  which  remuneration  should 
be  received.  Mr.  Tourgee  wished  the  per  diem  reduced  to  $4 
after  thirty  days.  A  resolution  providing  that  after  March 
1 2th  no  member  should  receive  any  pay  was  characterized  as 
discourteous.^^  Every  proposition  of  the  kind  was  voted 
down,  almost  without  debate.  The  compensation  of  the  presi- 
dent was  fixed  at  $12  per  day,  with  the  same  mileage  as  the 
other  members.  At  the  close  of  the  session  he  was  directed 
to  remain  in  Raleigh  and  sign  warrants,  receiving  for  his 
services  $6  per  day  while  so  employed.  Absence  on  the  part 
of  the  delegates  was  frequent,  and  a  resolution  providing  that 
no  member  should  receive  pay  for  the  days  he  was  absent  met 
with  prompt  rejection.  Many  members  left  before  the  end 
of  the  session,  and  with  the  consent  of  the  convention  drew 
their  pay  to  the  time  of  adjournment.^® 

Fraud^JjQQ^  was.,^ evident  in  the  mileage  accounts.  For  in- 
stance the  member  ffonrffartrd-t'trggt^EyTwho  could  not  have 
lived  at  the  most  more  than  fifty  miles  from  Raleigh,  and  who 
actually  lived  only  about  thirty  miles  away,  charged  mileage 
for  262  miles  each  way.^^  There  were  numerous  cases  of  this 
kind,  but  the  majority  seemingly  had  no  conscience  in  the  mat- 
ter, and  although  a  resolution  was  passed  directing  the  sheriffs 

15  standard,  March  3,   1868. 

ifl  Journal,  p.  451. 

17  Auditor's  Report,  1868,  p.  62.  The  Sentinel  said  that  he  had  prob- 
ably gone  to  the  Cape  Fear  boat,  which  was  further  away  than  Raleigh, 
and  then  had  come  by  way  of  Wilmington. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  235 

of  all  the  counties  to  publish  the  names,  residences  and  correct 
mileage  of  all  the  members,  it  was  never  enforced.  Fraud 
was  common  in  the  purchase  of  supplies  also.  Prices  far  above 
those  of  the  market  were  charged  and  paid,  particularly  for 
wood  and  stationery.^^ 

Little  regard  was  had  for  the  necessity  of  completing  their 
work.  For  a  considerable  time  only  one  session  was  held  each 
day.  Later  two  were  usually  held.  When  the  Republican 
State  Convention  met  in  Raleigh  the  convention  only  met  each 
day  for  roll  call,  that  pay  might  be  drawn,  and  then  adjourned 
that  the  members  might  take  part  in  the  proceedings  of  the 
Republican  meeting. 

The  question  of  the  payment  of  the  members  and  officers 
of  the  convention  came  up  soon  after  the  convention  met.  At 
once  a  loan  of  $10,000  was  authorized,  in  order  that  mileage 
might  be  paid.^®  An  ordinance  was  then  passed  directing  the 
State  treasurer  to  pay  the  per  diem  of  the  members  from  the 
funds  in  his  possession.  But  Mr.  Battle  refused  to  recognize 
the  convention  and  declined  to  pay  the  members,  claiming  that 
he  was  under  bond  to  use  the  funds  in  his  hands  for  the  pur- 
poses for  which  they  had  been  collected,  and  that  the  convention 
would  have  no  legal  status  until  its  work  was  accomplished 
and  a  new  State  government  was  established.  As  additional 
ground  for  his  refusal  he  quoted  the  act  of  Congress  of  March 
23,  1867,  which  directed  the  convention  to  provide  for  its  ex- 
penses by  levying  a  tax.^^    The  matter  was  referred  to  General 

18  Col.  J.  T.  Deweese,  a  register  in  bankruptcy,  furnished  wood  at  $6 
per  cord,  when  the  market  price  was  $4.75.  The  Conservatives  made 
such  an  outcry  at  this  that  $1  per  cord  was  deducted  from  his  next 
account.     Journal,  p.  425. 

19  Journal,  p.  83.  The  Conservative  press  said  that  when  it  was  an- 
nounced that  the  mileage  would  be  paid  at  one  of  the  banks  in  the 
city,  there  was  such  a  rush  for  it  that  it  was  impossible  to  keep  a 
quorum  present  in  the  convention.     Sentinel,  February  6,  1868. 

20  Journal,  p.  80. 


236  RECONSTRUCTION  IN   NORTH  CAROI.INA. 

Canby  who  replied  that  the  treasurer  was  correct  in  his  de- 
cision, but  informed  the  convention  that  as  soon  as  they 
should  have  levied  a  tax  for  the  purpose,  he  would  order  the 
treasurer  to  pay  the  members  from  the  funds  on  hand.^^  A 
tax  was  accordingly  levied,  and  the  treasurer,  thus  protected, 
cashed  the  warrants  of  the  convention.  The  tax  was  1-20  of  i 
per  cent  on  all  real  and  personal  property,  and  consequently 
bore  not  at  all  upon  the  leaders  of  the  majority,  and  in  fact 
very  little,  comparatively,  upon  the  majority  of  the  Republican 
party.  In  the  meantime  various  other  plans  had  been  suggested 
for  raising  money.  One  of  the  ''carpetbaggers"  introduced 
an  ordinance  providing  for  the  negotiation  of  a  loan  of  $500 
for  contingent  expenses. ^^  This  was  adopted.^^  A  negro 
delegate  introduced  a  resolution  asking  Congress  for  a  loan 
of  $3,000,000.^*  Resolutions  of  this  kind  were  frequent  during 
the  whole  session. 

The  expenses  of  the  convention  for  per  diem  and  mileage 
amounted  to  $86,356.89.  Printing  and  stationery  increased 
this  by  about  $5,000.  In  the  matter  of  expense.  North  Caro- 
lina, compared  with  most  of  the  other  Southern  States, 
escaped  very  easily.  But  the  expenses  far  exceeded  those  of 
any  other  convention  in  North  Carolina.^^ 

^'^^para^^^^^ly  1^.^^^^  I2I!i;2l!2!I!J!^^  ^^^  corruption  existed,  but 
charges  were  introduced  thaT  brifierynTad'  beCTr'jJLSi.!d. ,  IQ..QJD]:ain 

21  Journal,  p.  125.  -^  iBid.,  p.  143. 

22  Ibid.,  p.  132.  24  Ibid.,  p.  142. 

25  The  expenses  of  the  State  conventions  of  North  Carolina,  begin- 
ning with  that  of  1835,  and  exclusive  of  printing,  which  was  of  little 
cost  in  the  case  of  all  of  them,  were  as  follows: 
Date.        No.   Sessions.       Days.  Cost.  Per  Diem.     Mileage. 

1835 1  38  $8,330.00  $1.50  5  cts. 

1861 4  108  56,469.02  3.00  5     " 

1865 2  43  30,514.00  4.00  10     " 

1868 1  55  86,356.89  8.00  20     " 

1875 1  31  15,596.98  4.00  10     " 


RUCTION   IN  ^ORTH   CAROL 


RECONSTRUCTION   IN  'NORTH   CAROLINA.  237 

certain  railroad  legislation-®  and  a  committee  of  inquiry  was 
asked  for.  President  Cowles  appointed  on  the  committee  Plato 
Durham,  who  had  introduced  the  resolution,  S.  S.  Ashley  and 
James  H.  Harris,^^  who  was  one  of  the  members  at  whom  the 
resolution  was  aimed.  The  two  first  mentioned  were  not  on 
speaking  terms  with  each  other  in  consequence  of  a  difficulty 
they  had  had  shortly  before  on  the  floor  of  the  convention,  and 
Mr.  Durham  had  never  recognized  any  of  the  colored  delegates. 


It  was  evidentthat  the  infeiition  of  the  presidenf~\\^as~TD  pre- 
vent any  inquiry  from  being  made.  _Xhe.  next  day  Harris  re- 
taliated by  a  resolutiojt-fyrOvTHTng  for  an  investigation  as  to  ^    ^ 
whether  Plato  Durham,  ''the  delegate  (so  called)  from  Cleve-     ^  A 
land,"  had  not  obtained^~his-election  by  fraud.^^     Neither  com- 
mittee succeeded  in  discovering  anythTng7  ?m«4-4:>Qth  werf  <^nnn     ^ 

discharged.2«  ^^-^1 

Notwithstanding  the  fact  that  the  main  purpose,  supposedly, 
of  the  convention  was  to  frame  a  constitution,  no  great  eager- 
ness was  manifested  to  begin  the  work.     Committees  were 
appointed  to  report  the  various  articles,  but  it  was  quite  a  long 
time  before  they  reported.    Th^  'Varpetbaorprpr^  controlled  thF' 
committees,  capturing  the  chairmanships  of  tenoTTRrTtWOTen 
standing  committees  and  of  most  of  the  special  committees. 
They  were  thus  given  an  opportunity  to  put  their  constitutional 
theories  into  definite  form.     The  result  of  this  was  that  there 
were  many   differences   from   the   former   constitution   of  th^--'"^/^ 
State.     Individually  or  collectively  the  ''carpetbaggers"  o.on^'^^f^ 
trolled  the  convention  absolutely.  --J     >% 

An  ordinance  was  early  introduced  providing  for  some  re-    r'^'^v 
lief  to  the  people  by  means  of  a  stay  law.^^    After  it  was  ascer- 
tained  from  General   Canby  that  he  would  enforce  such   an 

26  The  matter  referred  to  was  the  endorsement  by  the  convention  of 
certain  bonds  of  the  Wilmington,  Charlotte,  and  Rutherford  Railroad,  '^s^^  ^-'^ 
Ordinances,  p.  43.  /       ^^^"^^ 

27  Journal,  pp.  171,  178.  29  ibid.,  pp.  426,  473. 

28  Ibid.,  p.  178.  30  Ibid.,  p.  32. 


<V«i 


\w 


m 


238         RECONSTRUCTION  IN  NORTH  CAROLINA. 

ordinance  by  military  order  one  was  passed  providing  that  civil 
proceedings  founded  on  causes  of  action  prior  to  May,   1865, 
should  be  suspended  until  January  i,  1869,  or  until  the  new  con- 
stitution should  go  into  effect.^^     General  Canby,  at  the  request 
of  the  convention,^^  made  this  ordinance  operative  at  once.^^ 
The  debate  on  the  ordinance  led  to  a  discussion  of  the  condition 
of  the  State,  and  there  was  at  once  noticeable,  in  quite  a  number 
Kof  the  delegates,  a  decided  sentiment  in  favor  of  repudiating  the 
y*'  entirg^Stat^  debt,    "l^he  most  earnest  aavocates  of  this  were 
A.  W.  Tourgee  and  his  colleague  from  Guilford,  G.  W.  Welker. 
VfV      Thi;^  appeared  more  fully  in  the  debate  on  the  section  of  the  Bill 
%      of  Rights,  guaranteeing  the  public  debt  of  the  State.  Mr.  Tour- 
t  tl     gee  declared  that  the  new  State  of  North  Carolina,  which  they 
TtAj*     were  constructing,  was  under  no  obligation  to  pay  the  debts 
l^*         of  the  old  State  and  that  it  would  be  ruinous  to  do  so.     He 
said,  ''He  would  be  a  fool  who  would  emigrate  to  North  Caro- 
lina if  the  new  State  is  to  be  saddled  with  the  debts  of  the 
old."     This  view   was   not  shared  by  the  majority,   and  the 
section  was  adopted.    Mr.^ Abbott  characterized  Mr.  Tourgee's 
/         doctrine  as  infamous,  and  Galloway,  Harris  and  Hood,'  of  the 
color'e'd^'ttetSgafes,  also  expressed  their  horror  at  his  proposi- 
tion.^*    It  was  suggested  several  times  that  the  convention 
should  forbid  the  collection  of  all  private  debts  incurred  in  aid 
of  rebellion,  and  as  one  delegate  expressed  it^^  ''give  the  citi- 
zens the  same  right  as  the  State."  ^®    Later  an  ordinance  was 
passed  directing  the  next  General  Assembly  to  provide  for 
the  payment  in  cash  of  the  interest  falling  due  after  January, 
1869,  on  the  State  bonds  dated  after  January  i,  1866.    All  the 
^.^   coupons  due  at  the  time  of  the  passage  of  the  ordinance  were 
\ ;    ordered  to  be  funded  in  a  new  issue  of  bonds.^^    This  was  op- 
posed by  the  Conservatives,  who  ~decTafed~THat  it  was  for  the 

31  Ordinances,  p.  45.  32  ibid.,  p.  125. 

33  General.  Orders,  No.  57.     Sentinel,  April  16,   1868. 

34  Sentinel,  February  17,  1868.  se  Sentinel,  February  17,  1868. 
85  S.  W.  Watts.  37  Ordinances,  pp.  84-85. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  239 

benefit  of   Northern  men   who  held  the  bonds  and   that  the 
lobbyists  had  secured  its  passage.^^ 

Numbers  of  innovations  were  proposed  and  adopted  through 
the  influence  of  the  Northern  members.    Their  main  argument 
was  usually  that  the  proposed  provision  was  in  sunie  New  Eng- 
land or  other  Northern  constitution.     Every  effort  was  made 
to  reconstruct  the  State  on  such  a  basis,  and  the  only^  matter 
of  surprise  is   that  the  resulting  constitution   was   not  more 
foreign^and  extreme  in  its  character.     The  main  reason  seems 
to  have  been  in"  the  rivalry  between  the  three  ''carpetbag"  lead-f^TN/U 
ers  Abbott,  Heaton  and  Tourgee.    In  their  efforts  to  streogthen     .1   \  . 
their  respective  positions,  they  yielded  in  many  things  >n  thf   ^'^^^^^^ 
natives  of  the  State.     But  as  it  was  there  was  a  very  radical 
difference  in  the  new  constitution  from  its  predecessors. 

One  of  the  changes  v^hich  was  most  condemned  by  the  op- 
position, and  even^  by  many  Republican  lawyers  in  the  conven- 
tion, ^^^Jjilf  ^^hplitinn  nf  thf  distinction  between  actions  at  law 
andsuits  in  equitv.  This  has  since  been  acknowledged  to  have 
been  on  the  whole  a  wise  change.^^  Provision  was  also  made 
for  a  commission  to  prepare  rules  of  procedure  and  practice 
in  accordance  with  this  change  and  also  to  codifv  the  laws. 
Victor  C.  Barnnger,  A.  W.  Tourgee  and  W.  B.  Rodman  were 
appointed  as  commissioners  for  a  term  of  three  years  with 
salaries  of  $200  per  month.'^^     Mr.  Tourgee  had  been  licensed 

38  There  was  quite  a  body  of  lobbyists,  the  most  prominent  of  whom 
was  General  Milton  S.  Littlefield,  a  native  of  New  York,  and  formerly 
colonel  of  a  colored  regiment.  He  was  said  to  have  been  lately  concerned 
in  an  extensive  lumber  steal  in  Pennsylvania  and  had  come  South  for 
new  and  better  opportunities.  He  became  very  prominent  in  1869,  both 
in  North  Carolina  and  Florida,  from  his  connection  with  the  bond  frauds 
in  both  States. 

39  It  is,  however,  admitted  that,  as  a  result  of  the  change,  there 
has  been  a  development  of  a  lack  of  accuracy  and  care  in  the  lawyers 
as  compared  with  those  under  the  old  system. 

40  Ordinances,  p.  79.  For  at  least  fifteen  years  after  the  adoption  of 
the  constitution,  the  courts  were  full  of  cases  brought  to  secure  inter- 
pretation of  the  instrument. 


^ 


240  RI^CONSTRUCTION  IN   NORTH  CAROI.INA. 

to  practice  law  in  Ohio,  and  largely  for  his  benefit  an  ordi- 
nance had  been  passed  a  short  time  before  providing  that  all 
persons  who  had  been  admitted  to  the  bar  in  other  States  could 
be  admitted  in  North  Carolina  without  examination,  upon  the 
production  of  evidence  of  a  good  moral  character  and  the  pay- 
ment of  the  required  fees/^  Later  the  jjadiciary  committee 
was  instructed  to  report  an  ordinance  which  would  allow  all 
citizens  of  the  State  who  were  of  good  character  to  practice 
upon  payment  of  the  necessary  fees.*^ 

Another  change  in  regard  to  the  courts  was  even  more  criti- 

V    cised,  and  with  more  justice.    The  election  of  judges  was  taken 

x/v"  u        from  the  General  Assembly  and  put  in  the  hands  of  the  people, 


> 


and  jthe  term  of  office  was  changed  from  life  to  HgKt^'ygarsr.:^ 
The  number  of  Superior  Court  judges  was  increased  to  twelve. 
This  was  a  necessary  increase,  for  the  existing  courts  were 
over-crowded,  and  emancipation  had  largely  increased  the 
work  of  the  courts.  The  Conservatives  opposed  the  increase 
as  a  useless  extravagance  and  as  designed  to  furnish  places 
for  Republican  lawyers  who  were  ambitious  to  be  on  the 
bench.  Judging  from  the  number  of  aspirants  it  is  not  im- 
probable that  it  was  welcome  to  many  of  the  members  of 
the  bar. 

Naturally  a  question  which  arose  early  in  the  debate  on  the 
constitution  was  that  of  political  disabilities.     Two  features  of 
\\|^he  subject  were  considerea^^egarding  the  disabilities  im- 
\/     posed  by  the  Fourteenth  Amendment,  a  committee   was  ap- 
(^        pointed  to  prepare  a  list  of  those  persons  whom  the  convention 
should  recommend  to  Congress  as  suitable  objects  for  relief. 
After  a  time  the  names  of  about  six  hundred  pei^ons,  most 
if  not  all  of  whom  were  acting  with  the  Republicans,  were  pre- 
sented and  a  violent  debate  followed,  Mr.  Durham  leading  the 
opposition  and  Mr.  Tourgee  defending  the  reports    The  former 
went  on  record,  characterizing  it  as  ''a  fraud  upon  the  people 

41  Ordinances,  p.  109.  42  ibid.,  p.  123. 


c^^X^-^  r.-^-^y^  f  3 


RECONSTRUCTION   IN   NORTH   CAROI.INA.  24I 

of  North  Carolina  and  so  intended  to  be."  *^  Several  of  the 
Republicans  favored  a  general  removal  of  disabilities,  but  the 
majority  were  strongly  opposed  to  such  a  thing,  and  all  efforts 
at  amendment  of  the  resolution  introduced  by  the  committee 
failing,  it  was  adopted.*'' 

The  question  of  the  qualifications  for  voting  and  holding 
office  in  th'e''"State'tliSi1camFlip'.^^^The  ma7oi7Ey''oFa~'c6mmit- 
tee,  appDTTrted-^to  TOriside'fTTie  subject,  reported  a  proposed  ar-  ^^Zlf 
tide  of  the  constitution  providing  for  an  unqualified  manhood 
suffrage.*^  It  also  provided  that  all  persons  who  denied  the 
existence  of  a  Supreme  Being  or  who  had  been  convicted  of  a 
felony  or  of  treason  should  be  disqualified  for  holding  office 
under  the  State  government.*®  Three  minority  reports  were 
submitted.  The  first,  signed  by  two  native  llepuBIicans,*^  pro- 
vided for  the  disquaiiScation  for  suffrage  of  all  those  who  had 
ever  attempted  to  prevent  the  exercise  of  the  right  of  sufl^rage 
by  any  means,  and  of  all  those  disqualified  for  holding 
o@^ce  by  the  proposed  Fourteenth  Amendment,  the  re- 
moval by  Congress  of  these  disabilities  operating  to  remove 
the  disability  imposed  by  the  State  constitution.  It  also 
provided    an   oath    to    be    taken    before    registration.*^     The 

43  He  also  said :  "The  secretary  may  take  my  words  down.  I  do  not 
care  for  the  secretary  or  the  convention  either."     Journal,  p.  411.  ^  ^ 

/  44  Messrs.   Laflin,   Legg,   and   Rice,   of   the   "carpet  bag"    contingent,  U  CQ) 
/    favored  a  general  removal  of  all  disabilities.     Journal,  p.  413.  I     5     ^y{ 

45  Conviction  of  a  felony  did  not  operate  as  a  disqualification  for  the 
suffrage. 

46  Journal,  p.  232. 

47  Messrs.  Candler  and  Congleton. 

48  Journal,  p.  234.  The  oath  was  as  follows:  "I  do  solemnly  swear, 
(or  affirm)  that  I  will  support  and  maintain  the  Constitution  of  the 
United  States  and  the  Constitution  of  the  State  of  North  Carolina; 
that  I  will  never  countenance  or  aid  in  the  secession  of  the  State  from 
the  United  States;  that  I  aecept  the  political  and  civil  equality  of  all 
men;  and  that  I  will  faithfully  obey  the  laws  of  the  United  States  and 
encourage  others  so  to  do.     So  help  me  God." 

16 


242  RECONSTRUCTION   IN   NORTH  CAROI.INA. 

two  Conservati.X£S-Qn  the£ommitte£,^iibniiited,the  semnH  min- 
ority report.  This  stated  that  the  right  of  suffrage  was  not 
inKmTr^nd  that  as  the  great  mass  of  the  negroes  were  not 
prepared  for  the  exercise  of  the  privilege,  there  was  no  reason 
why  it  should  be  extended  to  them.  Denying  the  constitutional 
I  ppwer  of  Congress  to  prescribe  who  should  vote  in   North 

J  Carolina,  and  declaring  that  the  whole  scheme  of  reconstruc- 
ion  was  for  the  advancement  of  party  purposes  by  "African- 
izing" and  "Radicalizing"  the  South  to  offset  the  loss  of  elec- 
toral votes  elsewhere,  the  signers  of  the  report  recommended 
tK^t  North  Carolina  should  refuse  to  alter  her  constitution 
under  dictation  by  Congress — to  "confide  the  power  of  mak- 
ing laws  to  those  who  have  no  property  to  protect,  and  to  be- 
stow the  right  to  levy  taxes  upon  those  who  have  no  taxes  to 
pay."  *^  The  Jjiird  report,  submitted  by  a  "carpetbagger," 
agreed  with  the  ma j orT!y"Teport;-- except  liiat'Tt'Tecoinmeadje^.- 
that  the  classes  debarred  from  holding  office  by  the  Fourteenth 
Amendment  ^ould  also  be. -debarf«4-by-the-Siate  until  the  legal 

removal-  of .  _  disabilities.^^.. ^ 

The  debate  on  the  question  opened  with  a  great  deal  of  heat, 
and  with  some  interruptions  lasted  for  three  weeks.     There 
/was  no  doubt  of  course  as  to  negro  suffrage;  universal  suffrage 
/     was  not  so  certain.    There  were  known  to  be  many  who  favored 
\      some  limitation  soTar^Ts^         Conservatives  were  concerned. 
V  Mr.  Holden  was  favorable  to  some  plan  of  this  kind.^^    During 
the  "debate"several  propositions  were  made.     One  d^^legate  fav- 
ored an  article  which  would  prevent  those  then  laboring  under 
disabilities  from  ever  voting  ;^^  another  favored  disfranchising 
all  those  who  should  vote  against  the  constitution   adopted 

4»  Journal,  p.  235. 

60  He  probably  meant  removal  by  the  State;  otherwise  the  provision 
was  useless  on  account  of  the  Fourteenth  Amendment. 

51  Standard,  February  3,  1868. 

52  Sentinel,  February  22,  1868. 


RECONSTRUCTION   IN   NORTH  CAROUNA.  243 

by  the  convention  ;^^  while  still  a  third  desired  that  power 
should  be  given  the  county  boards  of  registration,  the  members 
of  which  in  all  cases  should  be  required  to  take  the  "iron-clad'* 
oath,  to  disfranchise  any  person  who  aided  or  used  his  influ- 
ence for  the  Confederacy,  or  who  had  thrown  any  obstacles 
in  the  way  of  reconstruction.**  A  seemingly  favorite  propo- 
sition was  one  to  require  an  oath  which  should  express  a 
change  of  opinion  from  the  past  and  the  promise  of  good  con- 
duct for  the  future.^^  The  Conservatives  gave  notice  at  the 
beginning  of  the  debate  that  any  imposition  of  disabilities  as 
regarded  the  right  of  suffrage  would  result  in  the  necessity 
of  permanent  military  occupation  of  the  State  by  the  United 
States,^^  as  any  government  that  might  be  established  under 
such  a  constitution  would  fall  the  day  that  troops  were  with- 
drawn. Immediately,  and  apparently  as  a  threat,  the  amnesty 
act  which  had  been  passed  by  the  General  Assembly  in  1866 
was  repealed.^^  The  majority  report  was  then  adopted  without 
change. 

B3  Sentinel,  February  22,  1868.  This  member,  E.  W.  Jones,  was  prob- 
ably, the  most  bitter  and  proscriptive  of  all  the  members. 

54  Standard,  January  24,  1868. 

55  An  oath  suggested  by  General  Abbott  is  a  fair  type  of  those  pro- 
posed. It  is  as  follows:  "I  do  solemnly  swear,  (or  affirm)  that  I  am 
truly  and  devotedly  attached  to  the  Union  of  all  the  States  and  opposed 
to  any  dissolution  of  the  same;  that  I  entertain  no  political  sympathy 
with  the  instigators  and  leaders  of  the  rebellion,  or  with  the  enemies 
of  the  Union,  nor  approbation  of  their  principles  or  purposes;  that  I 
will,  neither  by  word  or  act,  encourage  or  countenance  a  spirit  of  sedi- 
tion or  disaffection  towards  the  government  of  the  United  States,  or 
the  laws  thereof,  and  that  I  will  sustain  and  defend  the  Union  of  these 
States  and  will  discourage  and  resist  all  efforts  to  destroy  or  impair 
tlie  same.     So  help  me  God." 

5«  See  speech  of  John  W.  Graham  in  Sentinel,  February  25,  1868.  He 
reminded  the  Republicans  that  the  very  men  whose  punishment  they 
were  then  considering,  had  opposed  a  test  oath  in  1862.  The  test  oath 
proposed  in  1862,  it  will  be  remembered,  was  defeated  largely  through 
the  efforts  and  eloquence  of  his  father,  William  A.  Graham. 

57  Ordinances,  p.  69.     See  page  173  preceding. 


jf  244  i    RECONSTRUCTION  IN   NORTH  CAROUNA. 

l\iV\|/  'pj^g  other  chief  matter  of  party  conflict  was  the  question  of 

/I        the  division  Qf  t^^e  r^^es.,    Early  in  the  debates  on  the  consti- 

V*--   tution  the  Conservatives  commenced  to  introduce  resolutions 

^9^  or  amendments  designee!  to  put  the  R'epublicans'"oirTec©f4-^ 
the  subject.  The  first  of  these  was  a  series  of  resolutions 
whicB,  after  expressing  the  desire  of  the  people  of  the  State 
to  be  restored  to  constitutional  relations  with  the  Federal  gov- 
ernment, declared  that  the  reconstruction  acts  were  unwise, 
unjust  and  oppressive;  that  the  white  and  black  races  were 
distinct,  by  nature,  and  efforts  to  abolish  such  distinctions  were 
crimes  against  nature ;  that  the  government  had  been  instituted 
by  the  whites  and  should  be  controlled  by  them,  and  appealed  to 
the  masses  of  the  Northern  people  for  relief,"  from  the  degra- 
dation now  heaped  upon  them."  The  white  Republicans  were 
not  ready  to  vote  for  this  or  against  it,  and  consequently  post- 
poned it  indefinitely.^^  Another  attempt  of  the  kind  was  made 
by  the  Conservatives  in  a  proposed  amendment  to  the  report 
of  the  committee  on  the  Executive  Department,  providing  that 
no  person  of  African  descent  should  be  eligible  to  anv  executive 
office.  One  of  the  negro  members  had  already  introduced  an 
amendment  to  the  effect  that  either  the  governor  or  lieutenant 
governor  should  always  be  a  negro.^*^  The  latter  was  withdrawn 
later,^^  and  the  former,  needless  to  say,  was  overwhelmingly 
defeated.^^  A  proposition  made  by  Plato  Durham^-  that  the 
qualification  for  governor  and  lieutenant-governor  should  be 
le  ability  to  read  and  write,  met  with  the  same  fate.  In 
the  case  of  the  militia  and  public  schools  the  convention  Te^ 
fused  to  requlrFs'eparation  oFIEEel^ces:*'''  A  section 


58  Journal,  ppr-^,  35~ 


'>9  This  was  probably  the  work  of  some  Conservative  sympathizer. 

60  Sentinel,  January  28,  1868. 

61  Journal,  p.  162. 
.62  Ibid.,  p.  158. 

63  Ibid.,    pp.    175,    287,    343.      Mr.    Graham    introduced    a    resolution 
providing  for  separate  commands  in  the  militia,  and  also  that  no  white 
^  man  should  ever  be  required  to  obey  a  negro  officer. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  245 

of  the  Bill  of  Rights  prohibiting  the  intermarriage  of  the  races    ^ 
was  promptly  tabled,^*  and  all  marriages  IHUt  Hiid  taken  place     \ 
under  military  authority,  including  several  cases  of  marriage 
between  whites  and  blacks,  were  validated.*^^     But  the  same 
day  a  resolution  was   introduced  by  a  colored  member  and  \ 
passed,  declaring  it  the  sense  ol  the  convention  that  the  inter-    ': 
marriage  of  the  races  shouldJbe  discountenanced  and  that  sep-    I 
arate  srhoals  shnuld .  he..jestablished.*^*^     And  finall}/  a  proposed 
section  which  provided  that  no  white  child  should  ever  be  ap-/ 
prenticed  to  a  negro  master  and  that  no  negro  guardian  shoula 
ever  be  appointed  for  a  white  ward  was  also  rejected.^^ 

The   constitution   was   finally   drafted   and   adopted   by   the 
convention.     rThe   Conservatives   on   the   final   vote   all   voted  i 
against  its  adoption,  and  consequently  none  of  them,  signed  it^^V 

The  convention,  while  forming  a  constitution,  was  also  en- 
gaged in  other  matters.  The  State  was  divided  into  congres- 
sional districts,  with  few  changes  from  the  former  division. 
This  led  to  a  sharp  debate  among  those  who  had  aspirations 
for  seats  in  Congress*'^  Fourteen  divorces  were  granted  by 
the  convention,  and  the  Conservatives  were  thus  furnished 
with  further  prround  of  attack.  Several  of  the  Republican 
members  also  opposed  this  action  of  the  convention.'^^  A  reso- 
lution^jwas  passejd.  thanking  the  House  of  RepresentativS'^of  ^ 
the_IIi3ited  States  for  the  impeachment  of  President  JohnsonJ^ 
Just^beio.re  adjniimnicin  n  resohition  was  passed  directing  the  ^—y 
next  General   Assembly  to   devise   some   plan,    if   practiczHW^/^c^' 


64  Journal,  p.  216.  66  Journal,  p.  473. 

65  Ordinances,  p.  86.  67  Ibid.,  p.  483. 

68  Mr.  Durham  moved  that  the  Capitol  bell  be  tolled  while  the  signa- 
tures of  the  delegates  were  being  affixed. 

69  Sentinel,  February  21,  1868. 

■70  One  Republican  delegate,  in  protest,  introduced  an  ordinance  which 
provided  that  all  men  in  North  Carolina  were  thereby  divorced  and  at 
liberty  to  marry  again. 

71  Ordinances,  p.  126. 


i/i^J, 


RECONSTRUCTION  IN   NORTH  CAROI.INA. 

'^^JNto  1ncilJj^o.x.vrr.j^^dtizai >iipQn. .a. freehold. ^^  In  this  connection 
1/  one  delegate  wanted  a  loan  of  $10,000,000  negotiated  "to  pro- 
vide homes  for  the  homeless  and  for  agricultural  purposes."  ^^ 
This  he  declared  was  chiefly  to  be  used  for  the  negroes  in  pay- 
ment for  their  long  labor  without  reward,  their  faithful  service 
during  the  war  and  their  devotion  to  the  Republican  party. 

Most  of  the  daily  sessions  of  the  convention  were  very 
stormy.  The  Conservatives  were  few  in  number,  but  aided 
by  the  press  they  seemed  able  to  provoke  their  opponents  to 
anger  at  will.  I^or  were  the  relations  of  the  Republicans 
among  thernselves  always  the  best,  and  disputes  arose  several 
times  when  the  chair  was  powerless  to  restore  order.*^* 

Towards  the  middle  of  the  session  Mr.  Holden  recommended 
that  the  "gag  law"  should  be  strictly  enforced  as  regarded  the 
Conservative  members,  by  means  of  calling  the  previous  ques- 
tion.'^'^  Possibly  this,  along  with  the  hope  of  damaging  Mr. 
Holden's  political  prospects,  caused  a  Conservative  member  to 
\f .  introduce  a  resolution  providing  for  an  inquiry  into  Mr. 
\^,%  Holden's  complicity  in  the  murder  of  President  Lincoln, 
'\  ■  through  his  editorials  in  the  Standard  calculated  to  inspire  an 
assassin.^®  The  reading  of  the  resolution  was  not  finished  be- 
fore objection  was  made  to  its  reception,  and  it  was  returned 
to  the  member  who  introduced  it,  as  was  his  protest,  the  next 
day,  against  the  action  of  the  convention.'^'' 

After  providing  for  submitting  the  proposed  constitution 
to  the  people  and  for  holding  an  election  for  State  officers  the 

72  Ordinances,  p.  129. 
78  Journal,  p.  119. 

74  Mr.  Tourgee,  on  one  occasion,  engaged  in  an  altercation  with  the 
president  and  was,  at  his  order,  arrested  for  disorderly  conduct.  He 
appealed  to  the  convention  and,  by  its  vote,  was  released. 

75  Standard,  February  8,  1868. 

76  Ibid.,  June  5,  1861.  "Who  will  plot  for  the  heads  of  Abe  Lincoln 
and  General  Scott?"  Mr.  Holden,  in  1868,  denied  the  authorship  of 
the  editorial. 

77  Sentinel,  March  5  and  6,  1868. 


re:construction  in  north  carouna.  247 

General  Assembly  and  members  of  Congress  at  the  same  time, 
under  the  direction  of  the  military  authorities,  the  convention 
adjourned  on  March  17th.  This  adjournment  was  sine  die, 
unless  the  convention  should  be  called  into  session  by  the  presi- 
dent before  January  i,  1869.  It  had  been  in  session  fifty-five 
days,  and  in  addition  to  the  constitution  had  adopted  fifty-seven 
ordinances  and  fifty-six  resolutions. 

After  the   signing  of  the  constitution,   on  the   day  before 
adjournment,  the  convention  took  a  recess  which  was  spent  \ 
in  singing  apd  horseplay.     The  next  morning  the  same  thing    \ 
was  done  and  General  Milton  S.  Littlefield  was  invited  to  ad- 
dress the  convention  and  sang  "John  Brown,"  the  delegates 
joining  in  the  chorus.     Other  songs  sung  were  "Hang  Jefl^. 
Davis,"  "Yankee  Doodle"  and  a,-»4iwVwM;^/\f  npgffi  mplrulipg  // 
Any  departure  from  the  dignity  thought  worthy  of  a  legislative 
body  had  been  previously  unknown  in  North  Carolina,  and  the   / 
amazement    and    disgust    it     caused    was    increased    by    the^ 
choice  of  songs.    The  Sentinel  the  next  day  headed  its  account 
of  the  proceedings  as  follows: 

"THE  CONSTITUTIONAL  CONVENTION  (SO 
CALLED.) 

The  Disgraceful   Closing  Scenes !     Corn    Field    Dance    and 

Ethiopian  Minstrelsy  ! !     Ham  Radicalism 

in  its  Glory ! ! !" 

Amidst  this  came  to  an  end  the  "Mongrel  Convention," 
characterized  by  the  Standard  as  "one  of  the  ablest,  most  dig- 
nified and  most  patriotic  bodies  that  ever  assembled  in  the 
State."  ^« 

2.  Constitutional  Changes. 

The  new  constitution  as  submitted  to  the  people  differed  radi- 
cally from  the  former  one.  Apart  from  the  fact  that  the  gen- 
eral plan  of  government  was  of  the  type  of  the  American  State 

78  standard,  February  21,  1868. 


248  RECONSTRUCTION   IN    NORTH   CAROLINA. 

governments,  it  was  practically  an  overthrowing  pf  the  insti- 
tutions jof_  the  Stale;  Mtich"  that  was  utterly  foreign  to  the 
customs  and  ideas  of  the  people  was  introduced,  and  to  the 
minds  of  many  the  best  features  of  the  old  constitution  were 
omitted  or  amended  beyond  recognition."^^ 

In  the  Bill  of  Rights,  the  original  of  which  had  been  adopted 
in  1776,  there  was  less  change  than  in  any  other  part  of  the 
fundamental  law.  But  quita..a  jmmb^r  of  ,p|-QyisiQns  were  in- 
serted.  Xii^-^iiief  of  these  were  as  folIow^k.>All  men  were 
declared  equal;  the  right  of  secession  was  denied,  and  the 
paramount  allegiance  of  all  citizens  to  thf^  TT^ifpH  *^tat^^  ^W 
affirmed  ;^the-pttblie- debt  of  the  State-wtTso^eclared  valid,  and 
the  war  debt  was  repudiated ;  slavery  was  prohibited ;  the  sus- 
pension of  the  writ  of  habeas  corpus  was  forbidden;  the  people 
were  declared  entitled  to  the  privilege  of  education  ;^*^  the 
legislative,  executive  and  judicial  departments  of  government 
were  declared  forever  separate  and  distinct;  the  freedom  of 
the  press  was  guaranteed,  as  in  the  former  Bill  of  Rights,  but 
individuals  were  held  responsible  for  abuse  of  this  freedom; 
the  quartering  of  soldiers  upon  citizens  in  time  of  peace  was 
forbidden ;  it  was  provided  that  the  courts  should  always  be 
open,  and  in  criminal  cases  greater  protection  was  guaranteed 
defendants  than  in  the  original,  though  not  more  than  was 
enjoyed  under  the  laws  of  the  State  and  the  usage  of  the 
courts;  and  finally  it  was  declared  that  all  rights  and  powers 
not  delegated  by  the  constitution  should  be  retained  by  the 
people. 

In  the  Legislative  Department  greater  changes  were  made. 
The  name  of  the  lower  house  of  the  General  Assembly  was 
changed  from  the  House  of  Commons  to  the  House  of  Repre- 

70  The  original  constitution  was  adopted  December,  1776.  It  was 
amended  by  the  convention  of  1835,  and  the  property  qualification  for 
voting  for  State  Senators  wa«  abolished  in  1857. 

80  This  was  provided  elsewhere  in  the  Constitution  of  1776.  See 
Sec.  40. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  249 

sentatives.  The  property  qualification  for  members  of  both 
houses  was  abolished,*^  and  they  were  obliged  to  take  an  oath 
of  allegiance  to  the  United  States  before  taking  their  seats. 
Senators  were  required  to  be  at  least  thirty  years  of  age.  The 
elective  Council  of  State  was  abolished  and  replaced  by  one 
composed  of  the  executive  officers  of  the  State. 

In  the  Executive  Department  three  new  offices  were  created : 
Lieutenant-Governor,  Superintendent  of  Public  Works  and 
Auditor.  The  latter  replaced  the  office  of  Comptroller  which 
had  been  created  by  act  of  the  General  Assembly.^^  The  elec- 
tion of  these  officers,  with  that  of  the  other  State  officers  which 
had  fonnerly  been  in  the  hands  of  the  General  Assembly,  was 
put  into  the  hands  of  the  people.  The  property  qualification^ 
for  governor  was  abolisJied,^^_and  hi^^^tiimlfillHSSZS^tHef 
with  tKaFor  tEe  other  State  officers,  except  attofney-^cneral, 
was  increased  from  two  to  four  years.  Only  two  years  previous  ■ 
residence  in  the  ^StaT^,'~iTrstca4~-»f  five,  was  required  for  the 
governor.  He  was  given  power  to  commute  sentences  in  ad- 
dition to  the  pardoning  power.  All  nominations  of  the  gov- 
ernor had  to  be  confirmed  by  the  Senate.  Provision  was  made 
for  a  Bureau  of  Statistics,  Agriculture  and  Immigration. 

In  the  Trif]ji;;i;f,)  T^fpnr^^^"^  ^^^  most  completer  change  was 
made.  Alt  distinctions  between  actions  at  law  and  suits  in 
equitj  and  the  forms  of  si{cF^c!^u5rfr  were  "al)olTshedr~  Oft 
one  form  of  action,  the  civil  suit,  could  be  brought  in  the  State. 
Feigned  issues  were  abolished,  and  it  was  provided  that  the 
fact  at  issue  should  be  tried  by  order  of  court  before  a  jury. 
The  county  courts  were  abolished  and  a  large  part  of  their 

81  Previous  to  this,  a  Senator  had  to  have  been  possessed,  for  one  year 
before  his  election,  in  the  county  from  which  he  was  elected,  of  300 
acres  of  land  in  fee.  A  member  of  the  Commons  had  to  have  been  pos- 
sessed, for  six  months  before  election,  of  100  acres  of  land  in  fee  or  for 
life. 

82  Revised  Statutes  1854,  Chap.  23. 

83  Previous  to  this  a  freehold  in  lands  or  tenements  of  $1,000  was  re- 
quired. 


250  REJCONSTRUCTION   IN   NORTH   CAROLINA. 

powers  and  duties  were  given  to  the  clerks  of  tiie  Superior 
Courts.  The  number  of  the  Supreme  Court  justices  was  in- 
creased from  three  to  five,  and  that  of  the  Superior  Court 
judges  from  eight  to  twelve.  Their  election  and  also  that  of 
the  solicitors  was  taken  from  the  General  Assembly  and  given 
to  the  people.  The  term  of  office  of  judges  was  changed  from 
life  or  good  behavior  and  made  eight  years.  The  election  of 
clerks,  sheriffs  and  coroners  was  taken  from  the  county  courts 
and  put  in  the  hands  of  the  people. 

Regarding  taxation  the  constitution  provided  that  the  pro- 
ceeds of  the  capitation  tax  should  be  applied  to  education  and 
the  support  of  the  poor.  Provision  was  made  for  the  pay- 
ment of  the  interest  on  the  public  debt  and  for  the  creation, 
after  1880,  of  a  sinking  fund  for  the  payment  of  the  principal. 
The  General  Assembly  was  prohibited  from  incurring  any  in- 
debtedness until  the  bonds  of  the  State  should  be  at  par,  except 
to  supply  a  casual  deficiency  or  to  suppress  insurrection, 
unless  there  should  be  inserted  in  the  same  bill  a  provision 
for  the  levying  of  a  special  tax  to  pay  the  interest  annually. 
The  General  Assembly  was  also  forbidden  to  lend  the  credit 
of  the  State,  except  to  railroads  which  were  in  the  process 
of  construction  at  the  time  of  the  ratification  of  the  constitu- 
tion or  to  those  in  which  the  6tate  had  a  financial  interest, 
unless  the  question  was  submitted  to  the  direct  vote  of  the 
people.  It  was  also  provided  that  every  act  levying  a  tax 
should  state  its  object  and  the  proceeds  could  be  applied  to  no 

her  purpose. 

The  constitution  provided  for  universal  suffrage.  No  one 
cbuld  register  without  taking  an  oath  to  support  the  Constitu- 
tion of  the  United  States,  and  every  officer  had  to  take  an  oath 
of  allegiance  to  the  United  States.  All  persons  who  denied  the 
being  of  Almighty  God,  who  had  been  convicted  of  treason, 
perjury  or  any  other  infamous  crime  since  becoming  citizens 
of  the  United  States,  or  who  had  been  convicted  of  corruption 


REICONSTRUCTION   IN   NORTH   CAROLINA.  25 1 

or  malpractice  in  office  and  had  not  been  legally  restored  to  the 
rights  of  citizenship,  were  disqualified  for  holding  office.  Tak- 
ing any  part  in  a  duel  also  disqualified  for  holding  any  office 
under  the  State. 

County  government  was  put  in  the  hands  of  five  commission- 
ers in  each  county  elected  by  the  people  to  exercise  a  general 
supervision  and  control  of  county  affairs.  It  was  also  pro- 
vided that  the  people  of  each  county  should  elect  a  treasurer 
and  a  register  of  deeds.  The  commissioners  were  directed  to 
divide  the  counties  into  townships,  and  the  people  of  each  town- 
ship biennially  elected  two  justices  of  the  peace.  >j"f)  rnnni-ips 
or  other  municipal  corporations  coulc^  j;9ntract  a  debt  ^ithout 
the  consent  of  a  jriajority  of  the  voters,  and  all  the  counties 
were  forbidden  to  pay  any  ^shLfifiUtracted  to  aid  in  rebellion^ 

The  General  Assembly  was  directed  to  provide  a  general 
system  of  publuL schools,  and  the  executive  officers  of  the  State 
were  formed  into  a  board  of  education  to  succeed  to  all  the 
powers  and  duties  of  the  Literary  Board.  The  State  University 
was  declared  to  be  forever  inseparable  from  the  public  school 
system,  and  the  General  Assembly  was  directed  to  establish, 
in  connection  with  the  University,  departments  of  agriculture, 
mechanics,  mining  and  normal  instruction. 

Provision  was  made  for  a  ^"^Ttlfntfilfl  tY^*^T^^^*^  ^  f\^C\C.  and 
it  was  provided  that  the  real  and  personal  property  of  a  mar- 
ried woman  should  remain  her  separate  estate  and  property, 
and  in  no  way  liable  for  the  debts  of  her  husband. 

Punishments  for  crime  were  provided  as  follows:  Death, 
imprisonment,  with  or  without  hard  labor,  fines,  removal  from 
office  and  disqualification  to  hold  any  office  under  the  State. 
Four  crimes  were  punishable  by  death  :  murder,  arson,  burglary 
and  rape.®*     Provision  was  made  for  a  penitentiary,  and  the 

8*  Several  of  the  "carpet  baggers"  opposed  the  death  penalty  for  rape 
as  being  too  severe,  and  because  certain  Northern  States  did  not  have 
it.  Mr.  Heaton  agreed  with  the  native  delegates,  who  favored  it,  and 
made  a  strong  speech  in  its  defence. 


252  RE^CONSTRUCTION   IN   NORTH   CAROI.INA. 

General  Assembly  was  directed  to  provide  for  the  care  of  or- 
phans, idiots,  inebriates,  deaf  mutes  and  the  insane;  and  au- 
thorized to  provide  houses  of  refuge  and  correction  for  the 
punishment  and  instruction  of  certain  classes  of  criminals, 
whenever  it  might  seem  necessary. 

These  were  the  more  important  changes.  There  were  others 
of  less  interest  and  importance,  but  they  are  far  too  numerous 
to  mention.  A  comparison  of  the  two  constitutions  shows  a 
very  wide  difference,  and  brings  out  very  clearly  the  part 
played  by  the  Ijorthern  members  of  the  convention. 

5.  Politics  and  Election  of  1868. 

Early  in  January  the  Conservative  executive  committee  called 
a  State  convention  of  "The  Constitutional  Union  Party"  as 
they  styled  it.     It  met  on  February  6th,  about  fifty  counties 
I        being  represented.    The  majority  of  the  delegates  were  Jormer 
tcCf.       pf  Whigs,  but  a  Tafge^  timber  ol  Democrats  were  present.     The 
r()f^         convention  is- particularly  notable  as  marking  the  first  re-ap- 
pearance in  polif fcs  of  many  who  had  been  prominent  t)ef6re 
and  during  the  war.     Ex-Governor  Graham  was  made  chair- 
man,  and  among  the  other  officers  and   delegates   were  ex 
V  Governors  Vance,  Bragg  and  Marnly ;  Judges  Manly,  Merri 

rs*  A  mon  and  FowTe";  and  Weldon  Edwards,  W.  L.  Steele,  r!  . 
^W^  McXden,  Marcus  Erwin,  A.  T.  Davidson,  R.  H.  Smith  and 
^  W.  N.  H.  Smith.     A  State  organization  was  perfected  and  a 

series    of    resolutions,    outlining    the    policy    of    the    party, 
adopted.    They  declared  devotion  to  the  Federal  ConstjSuti-Qn ; 
^  protested  againstthe  enforcement  of  the  reconstruction- acts 
^    as  uneonstitutft5!!5.Tr^^clared  the  great  political  issue  in  the 
State  to  be  negro  suffra.s^e  and  equality,  if  not  supremacy,  and 
^registered  their  unqualified  opposition  to  it;  declared  the  deter- 
*   mination   of  the  party  to   protect   the  negroes   in   their  civil 
rights  and  to  allow  such  privileges  as  were  not  inconsistent 
with  the  welfare  of  both  races;  demanded  early  relief  for  the 
impoverished  people  of  the  State ;  expressed'  gratitude  to  tHe 


RECONSTRUCTION   IN   NORTH   CAROLINA.  ^53 

President  for  his  efforts  to  restore  the  Union;  declared  the 
United  States  Supreme  Court,  and  not  Congress,  the  legitimate 
expounder  of  the  Constitution ;  and  expressing  their  distrust 
of  ''the  organization  controlling  Congress,"  the  convention 
"waived  all  former  party  feeling  and  prejudice"  and  invited 
the  people  of  the  State  to  co-operate  with  the  Democratic 
party,  at  the  same  time  electing  delegates  to  the  Democratic 
National  Convention.  Enthusiastic  speeches  were  made  by 
various  delegates,  among  them  Vance,  who  urged  activity  and 
fearlessness  of  the  result  of  opposition  to  the  radicals,"  saying, 
"When  free  speech,  a  free  press  and  a  free  ballot  are  restored, 
the  wrath  and  indignation  of  an  outraged  people  will  damn 
them  forever.  It  will  be  better  for  them  that  a  mill  stone  were 
hanged  about  their  necks  and  that  they  were  drowned  in  the 
depths  of  the  sea."  ^^  Nominations  for  State  officers  were  left 
with  the  executive  committee.  This  met,  later  in  the  month, 
and  nominated  a  full  State  ticket.^^  Vance. ,wa&- nominated  iot 
governor,  but  declined,  and  Thomas  S.  Ashe  y^^f^  chnf^en  Mr. 
Ash.e  jwas  a  Democrat  and  had  been,  before  the  war,  several 
times  a  meni^BelT'or  the  General  Assembly.  He  had  been  a 
member  of  the  Confederate  Congress  and  had  also  been  elected 
to  the  Confederate  Senate,  but  never  took  his  seat.  He  was  of 
course  under  disabilities.     Iti..Jhe  other  nominations  the  old 


■■III  L I  I  li 

85  Mr.  Hoi  den  had  warned  the  Conservatives  that  every  person  who 

took  part  in  the  meeting  would  be  kept  forever  under  disabilities. 

86  Sentinel,  February  20,  1868. 

87  The  Democratic  nominations  were  as  follows :  Grovernor,  Z.  B. 
Vance,  later,  Thos.  S.  Ashe;  Lieutenant-Governor,  Edward  D.  Hall;  Sec- 
retary of  State,  Robt.  W.  Best;  Treasurer,  K.  P.  Battle;  Auditor,  S.  W. 
Bursrin;  Superintendent  of  Public  Instruction,  Braxton  Craven;  Super- 
isitondent  of  Public  Works,  S.  F.  Patterson;  Attorney-General,  Sion  H. 
Rowers;  Supreme  Court  Justices,  R.  M.  Pearson,  W.  H.  Battle,  E.  G. 
Reade,  M.  E.  Manly,  and  A.  S.  Merrimon;  Superior  Court  Judges,  D.  A. 
Barnes,  E.  J.  Warren,  Geo.  V.  Strong,  W.  S.  Devane,  R.  P.  Buxton,  R. 
B.  Gilliam,  Thos.  Ruffin,  Jr.,  F.  E.  Shober,  W.  M.  Shipp,  Anderson 
Mitchell.  J.  L.  Bailey,  and  A.  T.  Davidson. 


! 


y 


1 


254  RECONSTRUCTION  IN   NORTH  CAROIvINA. 

Whi§^influence  was  evident,  and  with  but  fewexceptions  the 
nomi^s  iiay~4o«*Sf>nB'tilUllgya  LU  Lllltt  pmiyT       ^"^""""'•'^ 

The  RefMifytim   iT/iinLntjnn Hint   nn   Ilir      iiii     day  as  the 

Democratic.  As  was  expected,  W.  W.  Holden  was  nominated 
for  governor  in  spite  of  all  efforts  to  defeat  him.^®  The 
''carpetbaggers"  captured  the  nominations  for  Secretary  of 
State  and  Superintendent  of  Public  Instruction.  Later,  too, 
A.  W.  Tourgee  was  nominated  for  Judge  of  the  Superior 
Court,  after  being  defeated  for  a  congressional  nomination.®^ 
The  nominations  of  both  parties  for  judges  coincided  in  sev- 
eral instances.®^ 

When  the  congressional  nominations  were  made  the  "carpet- 
baggers" were  more  prominent.  David  Heaton,  J.  R.  French 
and  J.  T.  Deweese  were  nominated.  The  last  was  not  the  first 
choice  of  his  district,  for  James  H.  Harris  was  nominated,  but, 
through  the  influence  of  Deweese,  withdrew  and  was  replaced 
by  Deweese.^^  The  other  four  nominations  were  given  to 
natives.®^ 

(«8  B.  S.  Hedrick  introduced  a  resolution  declaring  that  the  convention 
would  nominate  no  person  laboring  under  disabilities.  The  convention 
refused  to  receive  it. 

89  The  Republican  ticket,  as  it  finally  appeared,  was  as  follows : 
Governor,  W.  W.  Holden;  Lieutenant-Governor,  Tod  R.  Caldwell;  Sec- 
retary of  State,  H.  J.  Menninger;  Treasurer,  D.  A.  Jenkins;  Auditor, 
Hendyy^on  Ac^^ms:  Superintendent  of  Public  Instruction,  S.  S.  Ashley; 
Superintendent  of  Public  Works,  C.  L.  Harris;  Attorney-General,  W. 
M.  Coleman;  Justices  of  the  Supreme  Court,  R.  M.  Pearson,  W.  B.  Rod- 
man, R.  P.  Dick,  Thomas  Settle,  and  E.  G.  Reade;  Judges  of  the  Supe- 
rior Court,  C.  C.  Pool,  E.  W.  Jones,  C.  R.  Thomas,  D.  L.  Russell,  Jr., 
R.  P.  Buxton,  S.  W.  Watts,  A.  W.  Tourgee,  G.  W.  Logan,  Anderson 
Mitchell,  and  R.  H.  Cannon. 

90  The  Republicans  nominated  Judge  Warren  for  a  different  district 
from  that  in  which  he  lived  and  where  he  had  been  nominated  by  the 
Conservatives.     He  refused  to  accept. 

91  A  leader  in  the  Republican  party  at  that  time  assures  the  writer 
that,  to  his  personal  knowledge,  Deweese  paid  Harris  $1,000  to  with- 
draw. 

92  The  Congressional  nominations  were  as  follows:  1st  district,  Re- 
publican, J.  R.  French,  Democrat,  Henry  A.  Gilliam;  2d,  David  Heaton, 


RECONSTRUCTION   IN   NORTH   CAROLINA.  255 

The  _canvass  was  prosecuted  with  great  activity,  and  ap- 
parently with  greai  hopes  of  success  hyj^othpar^^^         The 
Union  League  and  the  Heroes  of  America  were  again  brought 
into  service.     Mj\_JH^iieii_was..at-this.„tinie  president  of  th^ 
former^and  James  H.  Harris  was  vice-president.    ^^   F,  TT^"— 
Her  son  ^as  at  the  head  of  the  latter  organization.    Each  issued 
addresses  to  their  members  urging  them  to  continued  efforts.®^ 
The  Republicans  fought  the  campaign  largely  on  matters  re* 
lating  to  the  war  which  would  tend  to  excite  bitter  feeling. 
Vance's  proclamations  against  deserters  and  his  speeches  favor- 
ing the  support  of  the  war  were  re-published  and  commented 
on.    A  special  effort  was  made  to  reach  the  old  non-slavehold- 
ing  class  and  by  arousing  class  prejudice  excite  them  against 
the  Conservatives.     The  Conservatives  made  their  fight  on  thd 
question  of  ratifying  the  constitution,  which  they  opposed  on\ 
many  grounds.     They  argued  that  it  made  the  negro  a  political  \ 
equal  and  that  it  was  part  of  an  attempt  to  bring  about  social  \ 
equality  by  its  failure  to  require  the  separation  of  the  races  in  )  . 

the  schools  and  in  the  militia  and  by  the  opening  of  the  Univer-j/f  (p(^^ 
^sity  to  negroes.     They  objected  to  the  apportionment  of  rep  re-       A  ^  / 
sentation  among  the  various  counties  as  being  so  arranged  as       V^sij 
to  increase  the  importance  of  the  negro  vote.     Property,  they  (^ 

held,  had  no  representation,  and  higher  taxes  were  made  neces- 
sary without  any  increased  benefit  to  the  people.  The  pro-  C  ^" 
vision  for  the  election  of  judges  by  the  people  was  particularly 
criticised  with  reference  to  the  fact  that  candidates  for  the 
Supreme  Bench  were  making  a  political  canvass  and  entering 
into  general  political  discussions.  The  lack  of  any  test  of 
qualification  for  office  was  another  feature  much  urged  as  a 
reason  for  the  rejection  of  the  constitution. 

The  Conservatives  received  an  unexpected  ally  in  Daniel  R. 

Thomas  S.  Kenan;  3d,  O.  H.  Dockery,  T.  C.  Fuller;  4th,  J.  T.  Deweese, 
S.  T.  Williams;  5th,  I.  G.  Lash,  D.  F.  Caldwell;  6th,  C.  J.  Cowles,  Na- 
thaniel Boyden;  7th,  A.  H.  Jones,  B.  S.  Gaither. 
»3  Standard,  February  5,  1868. 


56  RECONSTRUCTION   IN    NORTH   CAROLINA. 


Goodloe,  SO  far  as  concerned  opposition  to  Mr.  Holden  and  the 
resr'oFlKe"Kepublican  ticket.  When  the  nominations  were 
made,  he  said  that  Mr.  Holden's  name  was  "a  synonym  for 
whatever  is  harsh,  proscriptive  and  hateful  to  nine-tenths  of 
the  white  people  of  the  State,"  and  declined  to  support  him.^* 
Goodlpe's  ,ggp^er^the  Register,  while  advocatiiiG^  the  ratification 
of  the  constitution,  fought  almost  the  entire  Republican  ticket. 
H,  H.  Helner.  who  was  associated  with  him,  began  the  publica- 
tion of  a  campaign  sheet  called  "The  Holden  Record,"  in  which 
he  gave  selections  from  the  Standard  which  were  calculated  to 
show  the  inconsistency  and  general  unfitness  of  Mr.  Holden 
for  the  office  of  governor.  He  also  advocated  the  election  of 
Mr.  Goodloe  as  governor. 

On  account  of  the  great  changes  in  the  constitution,  the  Jler 
publi5^iis  lost  tlie  support  of  many  who  might  have  been 
counted  upon  to  act  with  them.  B.  F.  Moore,  who  had  thought**- 
the  reconstruction  acts  unconstitutional,  but  who  had  been  in 
favor  of  a  convention  as  the  best  means  of  reaching  some  set- 
tlement of  disputed  questions  and  because  he  thought  that  the 
constitution  needed  some  amendment,  opposed  the  constitution 
on  account  of  its  radical  nature  and  declined  to  act  with  the 
Republican  party.®^     This  was  the  case  with  many  others. 

Another  political  element  which  to  a  slight  extent  played  a 
)art   in   the  campaign   was   the   mysterious   Ku   Klux   Klan. 

»4  Sentinel,  February  29,  1868. 

"95  B.  F.  Moore,  in  a  letter  to  his  daughter,  dated  March  28,  1868, 
said:  "It  is,  in  my  view,  with  some  exceptions,  a  wretched  basis  to  se- 
cure liberty  or  property.  The  legislative  authority  rests  upon  ignorance 
without  a  single  check,  except  Senatorial  age,  against  legislative  plun- 
der by  exorbitant  taxation.  *  *  *  The  Radical  party  proposes  to  fill 
our  Congressional  representation  with  those  men  recently  introduced 
from  other  quarters  of  the  United  States,  and  to  impose  them  on  us 
through  the  instrumentality  and  league  of  the  ignorance  of  the  State." 
(2)  The  writer  is  inclined  to  believe  that  the  placards  in  Wilmington 
were  put  up  as  a  joke,  as  there  was  no  Ku  Klux  organization  there 
later  in  the  Reconstruction  period,  when  the  society  had  assumed  a 
great  importance  in  other  parts  of  the  State. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  257 

Many  statements  in  regard  to  its  extent  were  made  by  the"' 
Standard,  but  it  does  not  appear  to  have  reached  the  greater 
part  of  the  State,  and  had  so  far  assumed  very  little  importance. 
Nor  did  it  commit  any  violence.  According  to  the  Standard 
the  Klan  in  Waixea-county  indulged  in  a  grim  joke  as  a 
threat  to  the  negroes.  Night  after  night,  in  their  fantastic 
costume,  they  dug  graves  along  the  roads  which  led  into  War- 
renton.  But  there  was  no  noticeable  effect  upon  tfie  vote  in  the 
county,  where  there  was  a  large  negro  majority.  In  Raleigh 
and  Wilmington  placards  were  posted  all  about  the  city.  Those 
in  the  former  place  were  as  follows : 

"K.  K.  K. 
Attention!  First  Hour!  In  the  Mist! 
At  the  Flash !     Come.     Come.     Come ! ! !  ,  i 

Retribution  is  impatient !     The  grave  yawns !  ;     ; « 

The  sceptre  bones  rattle! 
Let  the  doomed  quake ! 

It  is  commanded. 
2nd  G.  C.  OF  BL.  HOST." 

attention  drawn^  often  with  jugtjy^,  fp  th^'^  "nf^nii'f  t^  rgprfu  _ 
sent  the  people  properly.  cy_to  perform  the  duties  of  the  posi- 
tions to  which  they  aspired.  The  most  striking  illustration  of 
the  case  which  the  Democrats  were  able  to  make  against  the 
Republicans  was  as  follows:  New  Hanover  county  had  three 
delegates  to  the  convention.  General  Joseph  C.  Abbott,  A.  H. 
Galloway  and  S.  S.  Ashley.  The  Republican  candidates  for 
the  Legislature  were  the  two  first-mentioned,  L.  G.  Estes,  a 
"carpetbagger,"  and  G.  W.  Price,  a  negro.  Ashley  was  can- 
didate for  the  position  of  Superintendent  of  Public  Instruction. 
Of  all  these  none  had  ever  listed  or  paid  any  taxes.  The 
assessed  value  of  the  real  estate  in  Wilmington  at  the  time  was 
$3,200,000.  Of  this  the  white  people  owned  more  than  thirty- 
nine  fortieths,  and  were  in  a  minority  of  over  seven  hundred. 
17 


/ 


258  RE^CONSTRUCTION  IN   NORTH  CAROIylNA. 

The  white  RepubHcans,  about  one  hundred  and  fifty  in  number, 
who  controlled  the  majority  vote,  owned,  altogether,  about 
$150,000.  This  was  an  extreme  case,  but  it  shows  the  possi- 
bilities of  the  conditions  existent  at  the  time.  The  great  ma- 
jority of  the  whites  were  disgusted  with  the  experiment  of  the 
negro  in  politics,  and  many  of  the  Republicans  felt  almost  as 
keenly  as  the  Democrats  the  irritating  condition  of  affairs.®* 

As  was  to  be  expected,  the  campagn  was  exceedingly  bitter 
on  both  sides.  Personal  encounters  were  of  frequent  occur- 
rence among  the  candidates,  and  the  most  violent  personal 
abuse  was  common.  Mr.  Holden  was  hanged  in  effigy  in  sev- 
eral places,  including  the  Capitol  Square  in  Raleigh. 

The  convention  had  provided  for  the  submission  of  the 
question  of  ratification  of  the  Constitution  to  the  voters  quali- 
fied under  the  reconstruction  acts.  The  State  officers  were  to 
be  chosen  by  the  voters  qualified  under  the  new  constitution, 
which  meant  manhood  suffrage.  But  the  voting  on  ratification 
of  the  Constitution  and  the  election  of  State  and  county  offi- 
cers took  place  at  the  same  time,  and  by  order  of  General 
Canby  on  the  same  ballot.  By  this  piece  of  partisan  politics, 
all  who  had  been  disfranchised  by  the  reconstruction  acts  were 
prevented  from  voting.  A  new  registration  had  been  made 
and  the  number  registered  was  increased  considerably.  The 
figures  were: 

Whites 1 17,428 

Blacks 79,444 

Total   196,862 

»«The  following  is  illustrative  of  the  workings  of  the  reconstruction 
acts:  "During  reconstruction  in  North  Carolina,  three  ex-governors,  a 
former  justice  of  the  Supreme  Court,  several  ex-Congressmen,  and  a 
number  of  other  distinguished  men  were  at  a  dinner  together.  The  only 
person  present  who  could  vote  or  hold  office  was  the  negro  who  waited 
on  the  table."     Sentinel,  June  9,  1868. 


RECONSTRUCTION   IN   NORTH   CAROUNA.  259 

The  election  was  held  on  April  2ist,  226.  and  23d,  and  re- 
sulted in  a  complete  Republican  victory.  The  vote  on  the 
ratification  of  the  Constitution  was — 

For  Constitution  93,o86 

Against  Constitution 74,oi6 

Not  voting 29,774 

The  vote  for  Governor  was,  ^^ 

Holden 92,235 

Ashe 73.594 

The  Conservatives  elected  only  one  member  of  Congress,  one 
Judge,  of  those  whom  the  Republicans  had  not  endorsed,  and 
one  Solicitor.  Of  the  eighty-nine  counties,  the  Republicans 
carried  fifty-seven.  It  was  conceded  that  the  Republicans 
polled  almost  their  full  strength.  Thus  it  is  seen  that  a  large 
number  of  Conservatives,  qualified  to  vote,  failed  to  do  so. 
This  was,  in  part,  the  result  of  the  general  belief  that,  if  the 
Conservatives  were  successful,  Congress  would  set  aside  the 
election,  or  refuse  to  remove  the  disabilities  of  those  Conserva- 
tives who  were  elected  to  office.  And  doubtless,  such  would 
have  been  the  case. 

[aud  was  common  all  over  the  State.  By  an  amendatory 
act  of  Congi'ULj,  puJJUU  Maicli  i  ith,  1868,  voting  upon  affidavit, 
instead  of  registration,  was  authorized,  and  ten  days  was  set 
as  the  period  of  required  prior  residence.  This  p-ave  room  for^ 
illegal  voting,  and,  consequently,  many  voted  Tn  different  coun- 
ties on  di'fferent  days.  '  ' 

l''Ke  Conservatives  now  directed  their  energies  towards  or- 
ganization for  the  coming  national  election,  hoping  that  vic- 
tory might  result,  and  that  the  new  government  might  be  over- 
thrown. Mr.  Holden  and  the  Republican  leaders,  on  the  other 
hand,  entered  into  communication  with  the  Republican  leaders 
in  Congress,  hoping  to  hasten  the  final  steps  of  reconstruction. 

»7  The  figures  are  taken  from  N.  C.  Legislative  Docs.,  1868-9. 


f 


260  RECONSTRUCTION  IN   NORTH  CAROI.INA. 

The  State  had  carried  out  nearly  all  of  its  part  of  the  process; 
and  it  remained  for  Congress  to  take  final  action  and  restore 
the  State  to  its  place  in  the  Union. 

As  has  been  seen,*^^  the  convention  placed  itself  on  record  in 
regard  to  the  impeachment  of  the  President.  Mr.  Holden, 
also,  had  taken  strong  ground  for  it,  stating  that  ''the  salvation 
of  the  South  depends  on  the  conviction  of  Andrew  Johnson. "^^ 
He  now,  in  the  hope  of  securing  the  immediate  admission  of 
the  representatives  from  the  State,  telegraphed  various  North- 
ern papers,  urging  the  displacement  of  the  President,  and  stat- 
ing that  war  would  begin  again  in  North  Carolina,  if  the  Presi- 
dent should  be  acquitted  before  the  State  was  admitted  to  rep- 
resentation in  Congress  and  the  new  State  government  was 
installed.     One  of  the  telegrams  was,  in  part;  as  follows : 

"Prompt  action  on  the  part  of  Congress,  in  relation  to  the 
administration  of  North  Carolina,  will  be  our  only  hope  to 
avert  a  terrible  civil  war  again,  in  the  event  that  the  usurper 
in  the  White  House  shall  be  acquitted.  In  the  name  of  hu-' 
manity,  liberty,  and  justice,  can  it  be  possible  that  Andrew 
Johnson  will  be  acquitted? 

W.  W.  Hoi.DEN."^«V 

^.     The  Completion  of  Reconstruction. 

Although  the  constitution  had  been  ratified  and  officers 
elected  under  it,  the  approval  of  Congress  had  not  been  given 
to  it,  nor  had  consent  been  given  to  put  the  new  government 
into  operation.  In  addition,  a  majority  of  the  newly-elected 
State  and  county  officers  and  of  the  members  of  the  legislature 
were  under  disabilities.  Be^des  the  disabilities  which  were 
based  upon  the  proposed  Foui  LllulIi  JUllLnelu*w*l,  there  was 
also  the  requirement  that  all  State  officers  installed  prior  to 
the  formal  restoration  of  the  State  should  take  the  "iron-clad" 
oath.     General  Canby  announced  this  with  the  publication  of 

98  See  page  243,  preceding. 

»o  Standard,  April  15,  1868. 

100  Quoted  in  Sentinel,  May  20,  1868. 


RECONSTRUCTION   IN   NORTH   CAROLINA.  261 

the  election  returns.  This  caused  consternation  among  the 
*'loyal,"  and  Congress  was  looked  to  for  relief.  But  Congress, 
for  a  considerable  time  failed  to  act.  Finally  an  act  was  passed, 
which,  after  declaring  their  constitutions  republican  in  form, 
provided  that  representatives  from  six  Southern  States,  includ- 
ing North  Carolina,  should  be  admitted,  whenever  the  proposed 
Fourteenth  Amendment  had  been  ratified  by  their  legislatures. 
Their  admission  was  also  upon  the  condition  that  the  constitu- 
tion of  none  ot  them  should  ever  be  so  amended  or  changed  as 
to  deprive  any  citizen  or  class  of  citizens  of  the  United  States 
of  the  right  to  vote  in  the  State,  who  were  entitled  to  vote  under 
the  constitution  then  recognized,  except  as  a  punishment  for 
crimes  then  felonious  at  common  law,  of  which  they  tia3"*5ien' 
duly  conyicted.^^^  This  bill  was  vetoed  by  the  President,  on 
the  ground  that  his  approval  of  it  would  imply  approval  of  the 
reconstruction  acts.  It  was  then  passed  over  his  veto  and  be- 
came a  law.  This  was  construed  by  General  Canby  to  remove 
the  necessity  for  the  taking  of  the  test  oath  by  the  new  admin- 
istration, and  he  so  notified  the  governor-elect,  and  later  issued 
an  order  to  that  effect.^^^ 

The  same  day  that  the  bill  admitting  representatives  from 
North  Carolina  became  a  law,  the  disabilities  of  nearly  seven 
hundred  persons,  the  majority  of  whom  had  been  recommended 
by  the  State  convention,  w|^€|.,  removed.  With  very  few  ex- 
ceptions, the  list  contained  the  names  of  Republicans  only.^^ 
This  enabled  the  State  government  to  be  organized.  By  the 
act  admitting  representatives,  the  governor-elect  was  author- 
ized to  summon  the  legislature  to  meet,  and  on  June  25th,  be- 
fore it  became  a  law  by  passage  over  the  President's  veto. 
Governor-elect  Hplden  issued  a  proclamation  summoning  the 
General  Assembly  to  meet  on  July  ist.^*'^     On  June  29th,  Gen- 

101  Act  of  June  25,  1868.  102  Sentinel,  June  27,   1868. 

103  The  convention  refused  to  recommend  B.  F.  Moore,  among  others. 
His  name,  however,  was  added  while  the  list  was -before  Congress, 

104  Standard,  June  17,   1868. 


262  RECONSTRUCTION   IN   NORTH   CAROLINA. 

eral  Canby  instructed  the  chief  justice-elect  to  take  the  oaths 
of  office  before  a  United  States  commissioner,  and  then  to 
administer  them  to  his  associates  and  to  the  State  officers. 
Chief  Justice  Pearson  notified  Governor  Worth  that  he  would 
administer  the  oaths  to  the  governor  on  July  ist.  The  same 
day,  Governor  Worth  was  removed  from  office  by  a  military 
order  from  General  Canby.  The  oaths  were  administered  to 
Governor  Holden  the  next  day,  and  Governor  Worth  surren- 
dered the  office  with  the  following  protest: 

''State  o^  North  Carolina, 

Executive  Department, 

Raleigh,  Ju1>  i,  1868 
Gov.  W.  W.  HoLDEN,  Raleigh,  N.  C. 

Sir: — Yesterday  morning  I  was  verbally  notified  by  Chief 
Justice  Pearson  that,  in  obedience  to  a  telegram  from  General 
Canby,  he  would,  to-day  at  ten  o'clock  A.  m.,  administer  to  you 
the  oaths  required  preliminary  to  your  entering  upon  the  dis- 
charge of  the  duties  of  Civil  Governor  of  the  State,  and  that, 
thereupon,  you  would  demand  my  office. 

I  intimated  to  the  Judge  my  opinion  that  such  proceeding 
was  premature,  even  under  the  reconstruction  legislation  of 
Congress,  and  that  I  should  probably  decline  to  surrender  the 
office  to  you.  At  sundown  yesterday  evening,  I  received  from 
Colonel  Williams,  Commandant  of  this  Military  Post,  an  ex- 
tract from  General  Orders,  No.  12,  of  General  Canby,  as  fol- 
lows: 

'Headquarters  Second  Miljo'ary  District, 

Charleston,  S.  C,  June  30,  1868. 
General  Orders,  No.  12. 

(Bxtract.) 

To  facilitate  the  organization  of  the  new  State  government, 
the  following  appointments  are  made:  To  be  Governor  of 
North  Carolina,  W.  W.  Holden,  Governor-elect,  vice  Jonathan 
Worth,  removed.  To  be  Lieutenant-Governor  of  North  Caro- 
lina, Tod  R.  Caldwell.  Original  vacancy.  To  take  effect 
July  1st  on  the  meeting  of  the  General  Assembly  of  North 
Carolina.' 

I  do  not  recognize  the  validity  of  the  late  election,  under 
which  you  and  those  co-operating  with  you  claim  to  be  invested 
with  the  civil  government  of  the  State. 


\,J<fftj)fi^ 


RECONSTRUCTION  IN  NORTH  CAROI.INA.  263* 

You  have  no  evidence  of  your  election,  save  the  certificate  of 
a  major-general  of  the  United  States  Army.  I  regard  all  o'f 
you  as  in  effect  appointees  of  the  military  power  of  the  United 
States,  and  not  as  deriving  your  powers  from  the  consent  of 
those  you  claim  to  govern. 

Knowing,  however,  that  you  are  backed  by  military  force 
here,  which  I  could  not  resist,  if  I  would,  I  do  not  deem  it 
necessary  to  offer  a  futile  opposition,  but  vacate  the  office  with- 
out the  ceremony  of  actual  eviction,  offering  no  further  oppo- 
sition than  this  my  protest. 

I  would  submit  to  actual  expulsion  in  order  to  bring  before 
the  Supreme  Court  of  the  United  States  the  question  as  to  the 
constitutionality  of  the  legislation  under  which  you  claim  to 
be  the  rightful  governor  of  the  State,  if  the  past  action  of 
that  tribunal  furnished  any  hope  of  a  speedy  trial. 

I  surrender  the  office  to  you  under  what  I  deem  military 
duress,  without  stopping,  as  the  occasion  would  well  justify, 
to  comment  upon  the  singular  coincidence  that  the  present 
State  government  is  surrendered  as  without  legality  to  him 
whose  own  official  sanction,  but  three  years  ago,  proclaimed  it 
valid. 

I  am,  very  respectfully, 

Jonathan  Worth, 
Governor  of  North  CaroUna."^^^ 

Governor  Holden  delivered  his  inaugural  address,  on  July^ 
4th,  to  an  enormous  audience,  composed,  for  the  most  part,  of 
negroes.  He  reviewed  the  new  constitution,  and  declared  that 
the  government  established  under  it  must  be  administered,  in 
every  department,  by  the  friends  of  reconstruction.  He  de- 
clared his  opposition  to  mixed  schools  and  urged  a  develop- 
ment of  public  education  for  both  races.  He  promised  the 
colored  voters  that  the  ballot  would  never  be  taken  from  them, 
and  threatened  confiscation,  if  an  attempt  should  be  made  to 
do  so.  Speaking  of  negro  suffrage,  he  said:  ''The  repug- 
nance to  it,  which  exists  among  many  of  our  people,  will 
gradually  subside  when  they  shall  be  convinced  by  actual  expe- 

105  Executive  Letters,  Worth,  Vol.  II,  p.  17.  Gov.  Worth  continued 
to  reside  in  Raleigh  until  his  death,  in  September,  1869. 


264  RECONSTRUCTION  IN  NORTH  CAROLINA. 

rience  that  none  of  the  evils  they  anticipated  have  resulted  from 
it."  As  a  whole,  the  address  gave  a  better  promise  for  the 
future  than  was  expected,  and  far  better  than  was  fulfilled. 

In  the  meantime,  the  legislature  met  and,  on  July  2d,  ratified 
the  Fourteenth  Amendment.^^®  General  Canby  was  notified  of 
the  fact,  and  immediately  ordered  military  interference  with 
civil  functions  to  cease.  On  July  6th,  three  of  the  members- 
elect  of  Congress  from  North  Carolina  were  sworn  in,  and 
within  a  few  days,  two  more  were  admitted.  Two  were  unable 
to  take  the  ''iron-clad"  oath,^°^  and  were  compelled  to  wait 
until  the  adoption  of  the  substitute  for  the  benefit  of  those 
from  whom  disabilities  had  been  removed.^^^  On  July  nth,  a 
proclamation  by  President  Johnson  announced  that  North 
Carolina  had  fulfilled  the  requirements  of  Congress.  In  the 
meantime,  John  Pool  and  J.  C.  Abbott  had  been  elected  to  the 
Senate,  and  were  sworn  in  on  the  13th.  By  July  20th,  the 
representation  of  the  State  was  complete.  North  Carolina  was 
thus  restored  to  her  place  in  the  Union  and,  legally,  recon- 
struction was  at  an  end.  But  from  a  social  and  economic  stand- 
point, or  from  an  internal  political  standpoint,  it  now  began. 

106  The  vote  on  the  ratification  of  the  Fourteenth  Amendment  was : 
Senate,  34  yeas,  2  nays.     House,  82  yeas,  19  nays. 

107  Nathaniel  Boyden  and  O.  H.  Dockery. 

108  Laws,  40th  Cong.,  2d  Sess.,  Chap.  139. 


VITA. 

Joseph  Gregoire  de  Roiilhac  Hamilton  was  bom  at  Hills- 
boro,  North  CaroHna,  on  August  6,  1878.  He  was  a  student 
at  the  University  of  the  South  from  1896  to  1900,  and  in  the 
latter  year  received  the  degree  of  Master  of  Arts.  For  the 
academic  year  1901-2,  he  was  instructor  in  Greek  in  the  Hor- 
ner Military  School,  Oxford,  N.  C.  He  was  a  student  in  the 
Faculty  of  Political  Science  of  Columbia  University  from  1902 
to  1904,  and  a  candidate  for  the  degree  of  Doctor  of  Philosophy. 
From  1904  to  1906,  he  was  Principal  of  the  Wilmington  High 
School,  Wilmington,  N.  C.  He  is  Associate  Professor  elect 
of  Historv  in  the  Universitv  of  North  Carolina. 


HOME  USE 

CIRCULATION  DEPARTMENT 

MAIN  LIBRARY 

This  book  is  due  on  the  last  date  stamped  below. 
1-month  loans  may  be  renewed  by  calling  642-3405. 
6-month  loans  may  be  recharged  by  bringing  books 

to  Circulation  Desk. 
Renewals  and  recharges  may  be  made  4  days  prior 

to  due  date. 

ALL  BOOKS  ARE  SUBJECT  TO  RECALL  7  DAYS 

AFTER  DATE  CHECKED  OUT. 

EEC.  CIS.  APR  2  6 -76 


^JUN  2    1979 


8EC.CIR-    JUN     7  l^TS 


(>/^<;/' 


}^(io 


REC.CIR.JU12  5 '80 


LD21 — A-40m-8,'75 
(S7737L) 


General  Library 

University  of  California 

Berkeley 


4-'  Xv 


CiJ.  • 


V  . 


